St. Louis Public Schools v. Risley
Supreme Court of Missouri
Appeal from Si. Louis Land Cowl. This was an action in the nature of an action of ejectment by the Board of President and Directors of the St. Louis Public Schools against William Risley for the recovery of a portion of block No. 856 in the city of St. Louis.
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Appeal from Si. Louis Land Cowl. This was an action in the nature of an action of ejectment by the Board of President and Directors of the St. Louis Public Schools against William Risley for the recovery of a portion of block No. 856 in the city of St. Louis. The cause being called for trial and the jury sworn, the counsel for the plaintiff explained to the court and jury the general nature of the case, and stated in general terms wliat he expected to prove before the case was finally submitted to the jury for their consideration. He stated that he expected to show title in plaintiff by…
1Opinion of the CourtScott, Judge
"We do not see on what ground the court compelled the plaintiff to elect on which of his titles he would base his right of recovery. This is an action of ejectment, and the plaintiff’s right to the immediate possession of the land in controversy is averred in the petition. Now if the plaintiff, in making out his case, should fail to establish one title on which he relied, on what principle would he be restrained from falling back on another title which showed his right to a recovery ? Is not this every day’s practice? We do not see what connection the power assumed by the courts, of…
2Cases cited1 opinion
- President of the Berks & Dauphin Turnpike Road v. MyersSupreme Court of Pennsylvania · 1820
3Cited by11 opinions
- Big Vein Pocahontas Co. v. BrowningSupreme Court of Virginia · 1923
- Hall v. Farmers & Merchants' BankSupreme Court of Missouri · 1898
- Woodman v. ClappWisconsin Supreme Court · 1867
- City of Kansas v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1882
- Morris v. KeilSupreme Court of Minnesota · 1874
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