Legal Opinion

Montgomery v. Gahagan

Supreme Court of Missouri

Decided November 30, 1912PublishedCited by 1 opinion

Appeal from Greene Circuit Court. — Son. James T. Neville, Judge. (1) The circuit court of Greene county erred in passing upon the demurrer filed in that court so long as the order of the Newton Circuit Court, overruling the motion to strike out parts of the answer, remained unreversed, inasmuch as the points raised in the demurrer were identical with those raised by the motion to strike out, and had passed in rem adjudicatam.

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1Opinion of the Court

BROWN, C.

This is an action in ejectment, instituted January 15', 1907, in the Newton County Circuit Court, to recover a piece of ground in the city of Seneca in that county, on which a flour mill was situated.

The defendant filed an answer, in which he denied specially that plaintiff was entitled to possession of the premises, and generally denied “each and every allegation contained in said petition except what is hereinafter specially admitted.” For further answer it stated that the defendant was placed in possession of the premises under a contract executed by plaintiff to sell and convey…

Also in this document: Per curiam.

2Cases cited7 opinions

Baisley v. BaisleySupreme Court of Missouri · 1893
Mann v. DoerrSupreme Court of Missouri · 1909
Fenwick v. GillSupreme Court of Missouri · 1866
Henderson v. LangleySupreme Court of Missouri · 1882
Tice v. FlemingSupreme Court of Missouri · 1903

2 more not listed; retrieve them via the Exa API.

3Cited by1 opinion

State ex rel. Shaul v. JonesMissouri Court of Appeals · 1960