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Plogstart v. Rothenbucher

Henry Plogstart v. Jacob Rothenbucher

Plogstart v. Rothenbucher, 37 Mo. 452 (1866)
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Court
Supreme Court of Missouri · State Highest Courts
Decided
March 15, 1866
Judges
Lovelace, Other
Citations
37 Mo. 452
Headnotes
Practice. — Judgment affirmed under the peculiar circumstanees.
Summary
Appeal from St. Louis Law Commissioner’s Court.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court — Lovelace

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Lovelace, Judge,

delivered the opinion of the court.

The plaintiff brought suit before a justicé of the peace for *453 five dollars, and at the trial the justice rendered judgment against the defendant for the amount claimed, and costs, which the defendant immediately paid up. Afterwards the defendant prosecuted an appeal to the Law Commissioner’s Court of St. Louis county, and the plaintiff then moved the court to dismiss the appeal, because the defendant had paid and satisfied the judgment rendered against him by the justice ; and this motion was sustained by the court, and the case comes here by appeal.

"We would not like to lay it down as a rule that the payment of a judgment so far cancels it that it cannot after-wards be appealed from, but the peculiar circumstances of this case may well be regarded as a confession of the correctness of the judgment of the justice, and the appeal was therefore properly dismissed.

Judgment affirmed.

The other judges concur.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1978: 119782026peak 1978 · 1

Relies on it most ⓘ

  1. Leonard v. Pioneer Finance Co.568 S.W.2d 937 (Mo. Ct. App. 1978)

Most recent

  1. Leonard v. Pioneer Finance Co.568 S.W.2d 937 (Mo. Ct. App. 1978)

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