Nelson v. Alporte
Missouri Court of Appeals
Appeal from Jackson Circuit Court. — Hon. Joseph A. Guthrie, Judge. (1) The judgment was sufficient both as to form and substance to uphold each and every part of said execution.
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Appeal from Jackson Circuit Court. — Hon. Joseph A. Guthrie, Judge. (1) The judgment was sufficient both as to form and substance to uphold each and every part of said execution. Freeman on Judgments (3 Ed.), se&s. 45’, 47 and 50; Church v. Crossman, 41 Iowa 379; Lewis v. Watrus, 7 Neb. 477; Barrett v. Garragan, 16 Iowa 47; Fish v. Emerson, 44 N. T. 376; Towles v. Doyle, 16 Iowa 534; Finnagan v. Manchester, 12 Iowa 521; House v. Camp, 32 Ala. 541; 19 Cyc. 1178. (2) The statute of Missouri made it the imperative duty of the court to render a judgment for double the rents and profits up to date…
1Opinion of the CourtJohnson, J.
This is.a suit for unlawful detainer begun before a justice of the peace and removed to the circuit court by certiorari where judgment was rendered for plaintiff. Defendants appealed to this court and we affirmed the judgment (154 Mo. App. 293). Afterward execution was issued and the present proceeding was commenced by a motion to quash the execution filed by defendants in the circuit court. The motion assails that part of the judgment relating to the assessment of damages.
The court found, in the judgment rendered, that defendants had unlawfully detained the premises from plaintiff since…
2Cases cited5 opinions
- Fish v. . EmersonNew York Court of Appeals · 1871
- House v. CampSupreme Court of Alabama · 1858
- Church v. CrossmanSupreme Court of Iowa · 1875
- Finley & Miller v. MagillMissouri Court of Appeals · 1894
- Nelson v. AlportMissouri Court of Appeals · 1911
3Cited by2 opinions
- Massey v. GoforthMissouri Court of Appeals · 1957
- First Nat. Bank in Albuquerque v. TannyNew Mexico Supreme Court · 1947