Legal Opinion
State ex rel. Burlison Investment, Inc. v. Conklin
Missouri Court of Appeals
Decided November 20, 1987No. 15183PublishedCited by 2 opinions
1Opinion of the Court
MAUS, Judge.
This Proceeding in Prohibition presents two issues. The first is whether or not a defendant-tenant is entitled to a jury trial in an action to recover possession and rent under §§ 535.010 to 535.180 which, after certification to the Presiding Judge, is to be heard before an Associate Circuit Judge with a record being made. If that question is answered in the affirmative, the proceeding presents an issue of whether or not that right was waived by a provision in a lease. The following is an outline of the facts.
The petition in each action is based upon a written lease of space in a…
2Cases cited16 opinions
- Pernell v. Southall RealtySupreme Court of the United States · 1974
- K.M.C. Co., Inc. v. Irving Trust CompanyCourt of Appeals for the Sixth Circuit · 1985
- Byram v. Superior Ct. of Sacramento Cty.California Court of Appeal · 1977
- Mall, Inc. v. RobbinsSupreme Court of Alabama · 1982
- Rice v. PeopleSupreme Court of Colorado · 1977
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3Cited by2 opinions
- Malan Realty Investors, Inc. v. HarrisSupreme Court of Missouri · 1997
- State Ex Rel. Morgan v. ColyerMissouri Court of Appeals · 2008