Legal Opinion

Simcoe Realty Co. v. William J. Lemp Brewing Co.

Supreme Court of Missouri

Decided December 24, 1912PublishedCited by 6 opinions

Appeal from Jackson Circuit Court. — Hon. W. 0. Thomas, Judge. (1) No motion for a new trial is preserved in the bill of exceptions, nor is there a call for one; therefore, there is nothing but the record proper before the court.

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Appeal from Jackson Circuit Court. — Hon. W. 0. Thomas, Judge. (1) No motion for a new trial is preserved in the bill of exceptions, nor is there a call for one; therefore, there is nothing but the record proper before the court. Sec. 2083, R. S. 1909; State v. Griffin, 98 Mo. 672; Arnold v. Boyer, 108 Mo. 310; Ryan v. Grow-ney, 125 Mo. 474; State v. Revely, 145 Mo. 660; Phillips v. Jones, 176 Mo. 328; State v. Herron, 199 Mo. 159; Blanchard v. Dorman, 236 Mo. 416; Rose v. Township Board, 163 Mo. 396; State v. Ruck, 194 Mo. 428; Plarding v. Bedoll, 202 Mo. 625; Stark v. Zehnder, 204 Mo. 442;…

1Opinion of the CourtWoodson, J.

This is an action in ejectment instituted in the circuit court of Jackson county by the plaintiff against the defendant, to recover the possession of the west five feet of lot one hundred and ■ eighty-seven in Boss & Scarritt’s Addition, an addition in Kansas City, Missouri.

The petition was in the usual form, and the answer admitted possession, sets'up the Statutes of Limitations as a bar and pleads an estoppel in pais, and asks that the rights and interest of the parties be ascertained and determined under the provisions of Sec. 2535, B. S. 1909, same as Sec. 650, B. S. 1899.

The reply was a…

2Cases cited6 opinions

  1. Harding v. BedollSupreme Court of Missouri · 1907
  2. Stark v. ZehnderSupreme Court of Missouri · 1907
  3. Summet v. City Realty & Brokerage Co.Supreme Court of Missouri · 1907
  4. Blanchard v. DormanSupreme Court of Missouri · 1911
  5. Betzler v. JamesSupreme Court of Missouri · 1910

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3Cited by6 opinions

  1. State Ex Rel. Dolman v. Dickey.Supreme Court of Missouri · 1921
  2. Haggerty v. RuthSupreme Court of Missouri · 1914
  3. Mahaffey v. Lebanon Cemetery Ass'nSupreme Court of Missouri · 1913
  4. Miller v. Kansas City Light & Power Co.Court of Appeals for the Eighth Circuit · 1926
  5. Merchants Exchange Bank Ex Rel. Moberly v. Bankers Life Co.Missouri Court of Appeals · 1937

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