Comfort v. Ballingal
Supreme Court of Missouri
Appeal from Jackson Circuit Court. — Hon. E. L. Scar-ritt, Judge. (1) The court erred in the admission of the testimony of the witnesses Sheffield,Braley,Palmer, Eads,and Ul-rich, and each of them, and of the witness, Mahoney, on cross-examination, in relation to the conduct of the sale of the delinquent land list of Kansas City, for the year 1889, and in refusing to strike out said testimony, for the reason that the same was incompetent, irrelevant, and immaterial, under…
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Appeal from Jackson Circuit Court. — Hon. E. L. Scar-ritt, Judge. (1) The court erred in the admission of the testimony of the witnesses Sheffield,Braley,Palmer, Eads,and Ul-rich, and each of them, and of the witness, Mahoney, on cross-examination, in relation to the conduct of the sale of the delinquent land list of Kansas City, for the year 1889, and in refusing to strike out said testimony, for the reason that the same was incompetent, irrelevant, and immaterial, under the issues made by the pleadings, and inadmissible under the pleadings to impeach or invalidate the two city tax deeds in…
1Opinion of the CourtBubgess, J.
This is an action of ejectment for lots 1, 2 and 3, in Rickert’s first addition to Kansas City, Missouri. The ouster is laid November 20,1891. The damages are alleged to be $1,500, and the monthly rents to be $150 per month.
The answer admits the possession of lots 1 and 3, and alleges such possession to be lawful, but denies all other allegations in the petition.
The case was tried to a jury, who rendered a verdict for plaintiffs for all three of the lots sued for, assessed their damages at $200, and the value of the monthly rents and profits at $12.50 per month. Plaintiffs remitted $100 of…
2Cases cited10 opinions
- Goddard v. FosterSupreme Court of the United States · 1873
- Martin v. BarbourSupreme Court of the United States · 1891
- Levy v. GadsbySupreme Court of the United States · 1805
- Macfarland v. HeimSupreme Court of Missouri · 1895
- State v. PenningtonSupreme Court of Missouri · 1894
5 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Smith v. Sovereign Camp of the Woodmen of the WorldSupreme Court of Missouri · 1903
- Eld v. EllisSupreme Court of Missouri · 1950
- Priest v. CapitainSupreme Court of Missouri · 1911
- Ford v. DyerSupreme Court of Missouri · 1899
- Bay v. TrusdellMissouri Court of Appeals · 1902
10 more not listed; retrieve them via the Exa API.