Scarritt Estate Company v. Johnson
Supreme Court of Missouri
Prohibition. (1) Petitioner was entitled to forfeit the lease in question and retake possession of the leased property. No pleading was filed in answer to the intervening petition, the court gave no reasons therefor in his order denying said intervening petition, and the answer and return of the trial judge to the preliminary writ of prohibition in this court sets out no specific facts or reasons for denying the prayer of the intervening petition.
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Prohibition. (1) Petitioner was entitled to forfeit the lease in question and retake possession of the leased property. No pleading was filed in answer to the intervening petition, the court gave no reasons therefor in his order denying said intervening petition, and the answer and return of the trial judge to the preliminary writ of prohibition in this court sets out no specific facts or reasons for denying the prayer of the intervening petition. (2) The provisions for forfeiture and termination of the lease are valid and enforceable. 24 Cyc. 1348; Denecke v. Miller, 142 Iowa, 486. (3) The…
1Opinion of the CourtDavid E. Blair, J.
This is an original proceeding in prohibition against defendant as Judge of the Circuit Court of Jackson County to prohibit him from enforcing certain orders in a case pending before him.
The plaintiff is a Missouri corporation and owns the fee to Lots, 76, 77, 78 and 79, Eoss & Scarritt’s Addition, to Kansas City, Missouri. A brick building, adapted to theater and business purposes and known as Grand Theater, occupies said lots. On July 25, 1922, plaintiff, as lessor, and Elliott Theatre Enterprises Corporation, as lessee, entered into a lease for ninety-nine years from July 1, 1922, whereby…
2Cases cited1 opinion
- State ex rel. McManus v. MuenchSupreme Court of Missouri · 1909
3Cited by5 opinions
- State Ex Rel. Houser v. GoodmanMissouri Court of Appeals · 1966
- Simplex Paper Corp. v. Standard Corrugated Box Co.Missouri Court of Appeals · 1936
- Zechiel v. Firemen's Fund Ins.Court of Appeals for the Seventh Circuit · 1932
- State Ex Rel. Lane v. MontgomeryMissouri Court of Appeals · 1927
- State Ex Rel. Riggs v. SeehornSupreme Court of Missouri · 1939