Fulkerson v. Mitchell
Supreme Court of Missouri
_Appeal from Johnson Circuit Court. — Hon. A. W. Rogers, Special Judge. The decision of the court is in conflict with the case of Swartz v. Chappell, 19 Mo. 304. The court should have ■sustained plaintiffs’ motion to strike out parts of the answer. This court cannot assume that the refusal of the court to sustain the motion to strike out was harmless •error.
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_Appeal from Johnson Circuit Court. — Hon. A. W. Rogers, Special Judge. The decision of the court is in conflict with the case of Swartz v. Chappell, 19 Mo. 304. The court should have ■sustained plaintiffs’ motion to strike out parts of the answer. This court cannot assume that the refusal of the court to sustain the motion to strike out was harmless •error. Yelverton v. State, 40 Mich. 540; Holmes v. Doane, 9 Cush. 135 ; Gill v. Read, 5 R. I. 343; Wiseman v. McNally, .25 Cal. 234; Boyden v. Moon, 5 Mass. 365; Kenyon v. Rastall, 4 T. R. 753; Penn. v. Zebee, 23 pa. 323; Caler aft v. Gibbs, 5…
1Opinion of the CourtRay, J.
This is an action of ejectment for the northwest quarter of the southwest quarter of section 10, township 46, range 27 in Johnson county, Missouri. The petition is in the usual form. Suit was brought May 7th, 1878, against defendant, Mitchell, alone. Afterwards Moses Keim, as landlord, on his on motion, was made co-defendant with Mitchell, his tenant.
The substance of the amended answer upon which the case was tided is as follows: 1st, A general denial; 2nd, 'The statue of limitations; 3rd, It is then charged at length and in detail that J. M. Fulkerson, who is admitted to be the common source…
2Cases cited9 opinions
- Nelson v. BrodhackSupreme Court of Missouri · 1869
- Grove v. City of KansasSupreme Court of Missouri · 1882
- Ridgeway v. HollidaySupreme Court of Missouri · 1875
- Bledsoe v. SimmsSupreme Court of Missouri · 1873
- Meyer v. McCabeSupreme Court of Missouri · 1880
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3Cited by6 opinions
- Fairbanks v. LongSupreme Court of Missouri · 1887
- State ex rel. Robertson v. HopeSupreme Court of Missouri · 1894
- Gardner v. TerrySupreme Court of Missouri · 1889
- Norton v. ReedSupreme Court of Missouri · 1913
- Comstock v. EastwoodSupreme Court of Missouri · 1891
1 more not listed; retrieve them via the Exa API.