Underwood v. City of Caruthersville
Missouri Court of Appeals
Appeal from Ste. Genevieve Circuit Court. — Hon. Peter H. Huck, Judge. (1) Under the law of Missouri, as it has been written from the very first utterance of our Supreme Court down to the present time, the possession of plaintiff was such possession as' the law will recognize and protect.
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Appeal from Ste. Genevieve Circuit Court. — Hon. Peter H. Huck, Judge. (1) Under the law of Missouri, as it has been written from the very first utterance of our Supreme Court down to the present time, the possession of plaintiff was such possession as' the law will recognize and protect. It has been repeatedly stated by the appellate courts of this State that the party need not actually be on the land, or keep servants there, but any act done by him on the premises indicating intention to hold possession thereof to himself, is sufficient to maintain the action. Prendergrast v. G-raverman,…
1Opinion of the CourtBecker, J.
This is an action for forcible entry and detainer. Plaintiff had judgment before a justice of the peace of Pemiscot county, and upon defendant’s appeal to the circuit court of that county, there was a verdict and judgment for defendant, and plaintiff thereupon appealed to this court. Under the provisions of section 3939, Revised Statutes 1909, the appeal was by this court transferred to the Springfield Court of Appeals, which court rendered a decision in the case. [See Underwood v. Caruthersville, 146 Mo. App. 288, 129 S. W. 1076.] Thereafter the supreme court held the above-mentioned section…
2Cases cited18 opinions
- Mangold v. BaconSupreme Court of Missouri · 1911
- State ex rel. Dunham v. NixonSupreme Court of Missouri · 1910
- United Shoe Machinery Co. v. RamloseSupreme Court of Missouri · 1910
- Bagnell Timber Co. v. Missouri, Kansas & Texas Railway Co.Supreme Court of Missouri · 1912
- Swayze v. BrideMissouri Court of Appeals · 1889
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3Cited by4 opinions
- McGovern v. EckhartWisconsin Supreme Court · 1929
- National Garment Co. v. City of ParisSupreme Court of Missouri · 1983
- National Garment Co. v. City of ParisSupreme Court of Missouri · 1983
- Turner Lumber & Investment Co. v. Chicago, Rock Island & Pacific Railway Co.Missouri Court of Appeals · 1931