Kinser v. Shands
Cases that cite this one
3 later published cases cite this decision.
- Graves v. Missouri Pacific Railway Co. (Mo. Ct. App. 1885)
- Brown v. Missouri Pacific Railway Co. (Mo. 1884)
- Smith v. St. Louis, Kansas City & Northern, Railroad (Mo. 1873)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
delivered the opinion of the court.
This was an action on three appeal bonds, which had been given before a justice of the peace. Judgments by default had been rendered by the justice, and the appeals had been taken from these judgments without first filing motions to set aside the defaults, and these appeals were dismissed by the Circuit Court.
An appeal does not lie from a judgment by default rendered by a justice of the peace, until a motion has been made to set aside and overruled. The proceedings of the justice in taking these bonds, and granting the appeals, ^ere coram nonjudicer and utterly void.
Judgment affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.