State v. Roscoe

Decided October 15, 1887

Supreme Court of Missouri · decided 1887-10-15

<p>Practice : appeal, when dismissed. Where the record shows that no order, granting an appeal, was ever made, and that the affidavit for an appeal was not made until in vacation, after the adjournment of the term of court at which final judgment was entered, the cause will be stricken from the docket of the Supreme Court.</p>

Cited by 3 later decisions — most recently April 1919

3 state decisions

Relies on Covey v. Hannibal & St. Joseph Railroad · Lengle v. Smith · State ex rel. Partridge v. Lewis

Good law ✅— No negative treatment on recordhow we know

Appeal dismissed · Decided 1887-10-15

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Sherwood, J.

¶1The merits of this cause cannot be considered, for the reason that the record shows that no order granting an appeal was ever made, and that the affidavit for an appeal was not made until in vacation, after the adjournment of the term of court at which final judgment was entered. State ex rel. v. Keuchler, 83 Mo. 193; State v. Rhodes, 86 Mo. 635; Brown v. Railroad, 83 Mo. 478; Cissell v. Cissell, 77 Mo. 371; Stavely v. Kunkel, 27 Mo. 422; Lengel v. Smith, 48 Mo. 276; Clelland v. Shaw, 51 Mo. 440; State ex rel. v. Lewis, 71 Mo. 170; Randolph v. Mauck, 78 Mo. 468; R. S., 1879, sec. 1973.

¶2For these reasons, we have no jurisdiction of this cause, and, therefore, order the same stricken from the docket.

All concur.