Gordon v. Million
Supreme Court of Missouri
Appeal from Boone Circuit Court. — No». Nat M. Shelton, Special Judge. (1) The proof failed to sustain the allegations of the petition. 7 Cyc. 266; Mining Co. v. Grogan, 53 111. App. 60; White on Mines and Mining Injuries, p. 1; Gloninger v. Coal Co., 55 Pa. St. 9; Shaw v. Wallace, 25 N. J. L. 453'. (2) The respondents failed to prove that appellants were ever in possession of the coal described in plaintiffs’ petition.
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Appeal from Boone Circuit Court. — No». Nat M. Shelton, Special Judge. (1) The proof failed to sustain the allegations of the petition. 7 Cyc. 266; Mining Co. v. Grogan, 53 111. App. 60; White on Mines and Mining Injuries, p. 1; Gloninger v. Coal Co., 55 Pa. St. 9; Shaw v. Wallace, 25 N. J. L. 453'. (2) The respondents failed to prove that appellants were ever in possession of the coal described in plaintiffs’ petition. Lewellyn v. Lewellyn, 201 Mo. 306; Sec. 2385, R. S. 1909; R. S. 1899, sec. 3056; 27 Cyc. 642; Zerres v. Yannia, 134 Fed. 610; Shaw v. Tracy, 95 Mo. 532; Callahan v. Davis, 90…
1Opinion of the CourtGraves, J.
A reading of the record and the statements made by counsel upon the two sides of this *158controversy, demonstrates, that the statements made by either counsel could be safely adopted. We adopt that made by counsel for the respondents, because by a fraction it could be said to be the winner in a contest for brevity. Both are brief, however, and do not differ as to what is shown by the record. The questions are largely questions of law. Respondents thus state their case to this court:
“This was an ejectment to recover the coal under a part of the east half of the southwest quarter of section 16,…
2Cases cited5 opinions
- Wardell v. WatsonSupreme Court of Missouri · 1887
- Gordon v. ParkSupreme Court of Missouri · 1909
- Howell v. SherwoodSupreme Court of Missouri · 1912
- Gordon v. ParkSupreme Court of Missouri · 1907
- Bray v. ConradSupreme Court of Missouri · 1890
3Cited by9 opinions
- Northern Pacific Ry. Co. v. MjeldeMontana Supreme Court · 1913
- Stotzenberger v. PerkinsSupreme Court of Missouri · 1933
- Groves v. Terrace Mining CompanySupreme Court of Missouri · 1960
- State Ex Rel. State Highway Commission v. FoellerSupreme Court of Missouri · 1965
- Young v. YoungSupreme Court of Missouri · 1925
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