Gary Realty Co. v. Kelly
Supreme Court of Missouri
Appeal from Jackson Circuit Court. — Hon. Willard P. Hall, Judge. To argue that the original judgment or double rent can be disposed of in this proceeding and made to give this court jurisdiction, is too ridiculous to discuss. We cite a few eases, not that the court is not familiar with the rule, hut that it may have them at hand in this connection.
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Appeal from Jackson Circuit Court. — Hon. Willard P. Hall, Judge. To argue that the original judgment or double rent can be disposed of in this proceeding and made to give this court jurisdiction, is too ridiculous to discuss. We cite a few eases, not that the court is not familiar with the rule, hut that it may have them at hand in this connection. Keleher v. Johnson, 199 S. W. 935; Keleher & Little v. Henderson, 203 Mo. 498; Vanderberg v. Kansas ■ ■ City Gas Co., 97 S. W. 908. (1) This being an action in unlawful detainer and the motion to quash being directed only to the possessory part of…
1Opinion of the Court
The appeal in this case is from an order of the circuit court overruling a motion to quash a writ of restitution.
The plaintiff brought suit before a justice of the peace in Jackson County, in unlawful retainer, against the defendants E.P. Kelly, W. LeDoux, A. LeMarquand and Paul LeMarquand; the case was certified to the Circuit Court of Jackson County, where, March 18, 1916, judgment was entered in favor of the plaintiff against said defendants, awarding possession of certain premises in Kansas City, assessing damages for the unlawful detention of the property at $2,000, and the monthly rents…
2Cases cited6 opinions
- State ex rel. Long v. EllisonSupreme Court of Missouri · 1917
- Gary Realty Co. v. KellySupreme Court of Missouri · 1919
- State ex rel. Wurdeman v. ReynoldsSupreme Court of Missouri · 1918
- State ex rel. Federal Lead Co. v. ReynoldsSupreme Court of Missouri · 1912
- Keleher v. JohnsonSupreme Court of Missouri · 1917
1 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Aufderheide v. Polar Wave Ice & Fuel Co.Supreme Court of Missouri · 1928
- Joe Dan Market v. WentzSupreme Court of Missouri · 1929
- State Ex. Rel. Gary Realty Co. v. HallSupreme Court of Missouri · 1929
- In Matter of Estate of John M. WilsonSupreme Court of Missouri · 1928
- Ward v. Consolidated School District No. 146Supreme Court of Missouri · 1928
2 more not listed; retrieve them via the Exa API.