79 Mo. 342 | Mo. | 1883
It appears from the record in mis case that the suit was commenced before a justice of the peace,, and that on the 11th day of August, 1880, the defendant failing to appear, judgment by default was rendered for plaintiff, that within ten days thereafter defendant filed a motion to set aside the judgment, which being overruled defendant on the same day appealed to the circuit court of Buchanan county, which appeal was returnable to the term of said court beginning on the first Monday in September,, 1880. The record does not show that any notice of this appeal was given, nor does it show that plaintiff, who was. appellee, entered his appearance on or before the second day ,of said September term, but it shows that on the 27th day
Eor the error committed m this respect, the judgment will be reversed and cause remanded.