89 Mo. App. 12 | Mo. Ct. App. | 1901
—The finding and judgment
“W. M. Bressler, the defendant’s agent, on his oath says that the appeal prayed for by him is not made for vexation or delay, but because he considers himself aggrieved by the judgment and decision of the court.”
Appellant claims that under the ruling of the Supreme Court in DeBolt v. Railway, 123 Mo. 496, the affidavit was sufficient. The only defect in-that case was that the plaintiff stated: “She considers herself aggrieved” instead of using the language of the statute, “believes,” which the court held to be sufficient.
While the word “considers” in the'case at bar was used, the affiant did not connect the word with the appellant, but stated that he considered “himself aggrieved by the judgment and decision of the court.” And further, he does not pray for the appeal on behalf of his principal, but as “prayed for by him.” It is true that he states that he is agent for the defendant, but he does not ask for anything in behalf of his principal, but for himself alone. It is the appellant that must be aggrieved and not the agent. We have no doubt but what agent and attorney who made the affidavit felt aggrieved " e action of the court; but it is possible the appellant may differently.
Appeal dismissed.