State ex rel. Huston v. Ganzhorn
Missouri Court of Appeals
Appeal from the Jackson Circuit Garni. — Hon. John W. Henby, Judge. • (1) The court should have held that it appeared from the face of the proceedings before Granzhorn that title to real property was in issue, and that it was, therefore, his duty to certify said cause to the circuit court. Revised Statutes, 1889, secs. 6124, 6219. (2) The plea of title filed in said cause was full and complete.
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Appeal from the Jackson Circuit Garni. — Hon. John W. Henby, Judge. • (1) The court should have held that it appeared from the face of the proceedings before Granzhorn that title to real property was in issue, and that it was, therefore, his duty to certify said cause to the circuit court. Revised Statutes, 1889, secs. 6124, 6219. (2) The plea of title filed in said cause was full and complete. It was correctly made and left no pretense of discretion or doubt as to the duty of Granzhorn in the premises. The case of Bennett v. McCaffrey, 28 Mo. App. 220, furnishes all the authority or…
1Opinion of the CourtSmith, P. J.
— This is a proceeding against a justice of the peace to compel him to certify a cause and transmit the papers and process therein to the clerk of the circuit court, for the reason that the defendant therein had filed an affidavit putting the title to real estate in issue therein as provided in section 6219, Revised Statutes, 1889. The complaint and the sworn plea of defendant (if such it may be termed), setting up that title to real estate was in issue, were set out in the alternative writ, and the correctness of which were admitted by the return of the justice. It is thus made to appear…
2Cases cited3 opinions
- State ex rel. Blakemore v. RombauerSupreme Court of Missouri · 1890
- State ex rel. Kansas City Auditorium Co. v. AllenMissouri Court of Appeals · 1891
- Bennett v. McCafferyMissouri Court of Appeals · 1887
3Cited by4 opinions
- Marshall v. BurdenSupreme Court of Oklahoma · 1910
- Joplin & Western Railway Co. v. McGregorMissouri Court of Appeals · 1893
- Chicago, Santa Fe & California Railway Co. v. EubankMissouri Court of Appeals · 1893
- State ex rel. Huston v. GanzhornMissouri Court of Appeals · 1894