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109 Mo. App. 644

Keyes v. Kennedy

Missouri Court of Appeals

Decided November 28, 1904

Missouri Court of Appeals · decided 1904-11-28

— Hon. W. B. Teasdale, Judge. This case was tried without notice to plaintiff. There is no notice by virtue of the docket, for the cause was not upon the docket. R. S. 1899, sees. 825, 826, 1583, 1584; Summers v. Ins. Co., 56 Mo. App. 654. The case (Summers v. Ins. Co., 56 Mo. App. 653), cited by appellant, merely holds that the clerk’s placing of the case upon the docket and' assigning it a day for hearing was sufficient notice to litigants that it had been set for trial.

Cited by 1 later decisions — most recently March 1908

1 state decisions

Relies on Union National Bank v. Barker · Monarch Rubber Co. v. Bunn

Good law ✅— No negative treatment on recordhow we know

Affirmed · Decided 1904-11-28

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SMITH, P. J.

¶1This is an action of replevin commenced before a justice of the peace. It was removed by appeal to the circuit court where the defendant had judgment and the plaintiff appealed. It appears from the plaintiff’s abstract of the record that on July 31, 1903, for good reasons shown the time for filing of her bill of exceptions ivas by the court extended to on or before September 4, 1903. It further appears from *645said abstract tbat on September 5, 1903, tbe time for filing said bill was by tbe court extended to on or before tbe third day of tbe October term, 1903, of said court. On October 12,1903, tbe time for filing, tbe bill was further extended to tbe third day of tbe January term, 1904. On January 8, 1904, tbe bill was filed. It is thus made apparent tbat tbe court was without jurisdiction to make tbe order of September 5, or tbe subsequent order extending tbe time for filing tbe bill.

¶2Tbe order of July 31, 1903, required tbe bill to be filed on or before September 4, 1903. Tbe order of September 5,1903, extending tbe time for filing tbe bill was too late. Tbe court bad no jurisdiction then or subsequently to extend tbe time or to order tbe filing of tbe bill. After tbe expiration of time ending Septena-» ber 4, 1903, as already stated, tbe court was without jurisdiction to further extend tbe time or order tbe bill to be -filed. All tbe orders made by tbe court in relation to tbe filing of tbe bill after tbe last-named date were coram non judice.

¶3There was, therefore, no bill of exceptions filed in tbe case within tbe time required by tbe statute or tbe lawful order of the court. [Monarch Co. v. Bunn, 78 Mo. App. 55; Bank v. Barker, 145 Mo. 356.]

¶4As no error appears on tbe face of tbe record proper calling for any interference by us with tbe judgment, it will be affirmed.

All concur.
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