Legal Opinion

Meddis v. Kenney

Supreme Court of Missouri

Decided June 20, 1903PublishedCited by 22 opinions

Appeal from Cape Girardeau Circuit Court. — Hon. Henry G. Riley, Judge. (1) The court erred in the admission of evidence offered by respondent. The Cape Girardeau Court of Common Pleas has both common-law and probate jurisdiction. R. S. 1899, sec. 2, p. 2579. In the administration of the estate of John Albert, it was exercising its probate jurisdiction, and its procedure therein is governed by the law applicable to probate courts.

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Appeal from Cape Girardeau Circuit Court. — Hon. Henry G. Riley, Judge. (1) The court erred in the admission of evidence offered by respondent. The Cape Girardeau Court of Common Pleas has both common-law and probate jurisdiction. R. S. 1899, sec. 2, p. 2579. In the administration of the estate of John Albert, it was exercising its probate jurisdiction, and its procedure therein is governed by the law applicable to probate courts. The only authority for taking a cause from the probate court to the circuit court (except on appeal), is found in section 1760, Revised Statutes 1889. In the deed…

1Opinion of the CourtRobinson, J.

This is an action of ejectment in statutory form to secure possession of the north half of lot three, range “A,” in the city of Cape Girardeau, Missouri, known as the John Albert homestead.

The suit was originally begun in the Cape Girardeau Court of Common Pleas, against the defendant Nancy R. Kenney, the tenant in possession. After-wards, H. H. Albert, the landlord of the defendant Kenney, was, on his own application, made a party defendant, and the venue changed to the Cape Girardeau Circuit Court, where the cause was tried.by the court without a jury, resulting in a judgment for the…

2Cases cited6 opinions

  1. State ex rel. Gracy v. Bank of NeoshoSupreme Court of Missouri · 1894
  2. Haniford v. City of KansasSupreme Court of Missouri · 1890
  3. Hickman v. LinkSupreme Court of Missouri · 1888
  4. Gorham v. Kansas City & Southern Railway Co.Supreme Court of Missouri · 1893
  5. Chouteau v. RiddleSupreme Court of Missouri · 1892

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3Cited by22 opinions

  1. Dickey v. PorterSupreme Court of Missouri · 1907
  2. Foore v. Simon Piano Co.Idaho Supreme Court · 1910
  3. Hector v. MannSupreme Court of Missouri · 1910
  4. Falvey v. HicksSupreme Court of Missouri · 1926
  5. Lytle v. PageMissouri Court of Appeals · 1979

17 more not listed; retrieve them via the Exa API.

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