Legal Opinion

Gary Realty Co. v. Kelly

Supreme Court of Missouri

Decided June 3, 1919PublishedCited by 18 opinions

Appeal from Jackson Circuit Court. — Hon: Thomas B. Buckner, Judge. (1) It was error, under all the circumstances in this case as disclosed by the record, to deny appellants a jury trial. McGeagh v. Nordberg, 53 Minn. 235; Burnham v. Ry. Co., 88 Fed. 627; Chicago Ry.

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Appeal from Jackson Circuit Court. — Hon: Thomas B. Buckner, Judge. (1) It was error, under all the circumstances in this case as disclosed by the record, to deny appellants a jury trial. McGeagh v. Nordberg, 53 Minn. 235; Burnham v. Ry. Co., 88 Fed. 627; Chicago Ry. Co., v. McGrew, 113 Mo. 393. (2) The finding and judgment of the court are against the law and the evidence, and the court erred in holding that the appointment of a receiver ipso facto made ’void the lease, (a) The law does not support the rule of court below in holding that the appointment of a chancery receiver ipso facto…

1Opinion of the CourtParis, J.

This is an action under our forcible-^ entry and unlawful-detainer statutes for the possession' of certain premises situate in Kansas City. Plaintiff had judgment for possession; for damages, assessed at two thousand dollars, which sum was doubled by the cou/rt; for future rents and profits, assessed at $650 per month, pending appeal and till possession be delivered to plaintiff, which sum was likewise doubled. Whereupon, defendants Kelly, LeMarquand and LeDoux appealed in the conventional way.

The action orginated before a justice of the peace and was begun by filing a complaint which, formal…

2Cases cited18 opinions

  1. Garnhart v. FinneySupreme Court of Missouri · 1867
  2. Hadley v. BerneroMissouri Court of Appeals · 1902
  3. Feedler v. SchroederSupreme Court of Missouri · 1875
  4. Moore v. DixonSupreme Court of Missouri · 1872
  5. Purcell v. MerrickMissouri Court of Appeals · 1913

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3Cited by18 opinions

  1. Lucas Hunt Village Co. v. KleinSupreme Court of Missouri · 1949
  2. Wells Fargo Bank, N.A. v. SmithSupreme Court of Missouri · 2013
  3. Haack v. Great Atlantic & Pacific Tea Co.Missouri Court of Appeals · 1980
  4. McNeill v. McNeillMissouri Court of Appeals · 1970
  5. Farrar v. MayabbMissouri Court of Appeals · 1959

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