31 Mo. 434 | Mo. | 1862
delivered the opinion of the court.
This case was heretofore submitted to the court, and an opinion prepared by Judge Ewing but never delivered, and now the parties consent that that opinion may be adopted as the opinion of the court, and judgment entered in accordance with it.
the judgment below is reversed and the cause remanded.
The only question in this case is whether the cause was regularly triable at the term of the court at which it was heard and determined. The suit having been brought in a justice’s court, the appeal was perfected on the 28th May, (1859,) and the sixth of June was the first day of the June term of the law commissioner’s court; at that term the cause was tried and judgment rendered for the plaintiff, the defendant not appearing. Afterwards, in due time, a motion was made to set it aside. Appeals to the law commissioner’s court are governed by the same rules and regulations as apply to like cases in the circuit court, except as otherwise provided by law. (2 R. S. 1597, § 3.) By the act regulating proceedings in justices’ courts all appeals allowed ten days before the first day of the term of the appellate
Judgment reversed and the cause remanded ;