Turner v. Edmonston
Supreme Court of Missouri
Appeal from Audrain. Circuit Court.— Hon. Jas. D. Barnett, Judge. (1) It is immaterial in this case whether a writ of error be a new action or a continuation of the original action for the reason that at the time J. O. Edmonston bought from his brother, W. A. Edmonston, the case of Roden v. Helm et al. was pending in the Supreme Court upon the writ of error. Macklin v. Allenberg, 100 Mo. 337; Barber Asphalt Pav. Co. v. Young, 94 Mo.
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Appeal from Audrain. Circuit Court.— Hon. Jas. D. Barnett, Judge. (1) It is immaterial in this case whether a writ of error be a new action or a continuation of the original action for the reason that at the time J. O. Edmonston bought from his brother, W. A. Edmonston, the case of Roden v. Helm et al. was pending in the Supreme Court upon the writ of error. Macklin v. Allenberg, 100 Mo. 337; Barber Asphalt Pav. Co. v. Young, 94 Mo. App. 204; Macklin v. Schmidt, 104 Mo. 361; Buford v. Packet Co., 3 Mo. App. 159; Bailey v. Wenn, 113 Mo. 155; Dodd v. Lee, 57 Mo. App. 167; Real Estate Savings…
1Opinion of the Court
BURGESS, J. —
This is an action of ejectment for the possession of lot thirty-one of Mrs. Spark’s South-, ern Addition to the city of Mexico, Missouri, the purpose of the suit being to enforce restitution of said property, which was sold under execution issued upon a judgment rendered in the case of Roden v. Helm et ah, which judgment was, on writ of error, reversed in Division Two of this court, the case being reported in 192 Mo. 71.
The petition is in the usual form; the answer, a general denial; ouster laid March —, 1904; damages claimed, $600'.
The cause was tried by the court sitting as a…
2Cases cited27 opinions
- The BANK OF THE UNITED STATES v. the Bank of WashingtonSupreme Court of the United States · 1832
- McJilton v. LoveIllinois Supreme Court · 1851
- Allen, Ball & Co. v. Mayor of SavannahSupreme Court of Georgia · 1851
- Macklin v. AllenbergSupreme Court of Missouri · 1889
- Clark v. PinneyNew York Supreme Court · 1826
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