47 Mo. App. 647 | Mo. Ct. App. | 1892
This is a mandamus proceeding, which was instituted in the circuit court of St. Louis county
The only question to be answered on this record is, will an appeal lie from a judgment of the county court granting a dramshop license? If this question is answered in the affirmative, then the judgment of the circuit court on the demurrer was wrong.
The appellate jurisdiction of the circuit courts in reference to judgments of county courts is fixed by the latter clause of section 3318, Revised Statútes, 1889, except in certain cases wherein appeals are specially provided for. That portion of section 3318 pertinent to this case reads : “The circuit courts in the respective counties in which they may be held shall have power and jurisdiction as follows: * * * Fourth. Appellate jurisdiction from the judgments and orders of county courts, probate courts, and justices of the peace, in all cases not expressly prohibited by law.” Section 3434 provides that appeals from the county court to the circuit court shall be prosecuted in the same manner as appeals from justices of the peace, and that, when the latter court becomes possessed of the cause, it shall proceed to hear and determine the same anew without regarding any error, defect or informality
With the concurrence of the other judges the judgment of the circuit court will be affirmed. It will be so ordered.