Force v. Van Patton
Supreme Court of Missouri
Transferred from Kansas Gity Court of Appeals. "We desire to suggest that this case was improperly certified to this court by the Kansas City Court of Appeals, and it should therefore be remanded to said court for the following reasons: 1, the amount involved in this controversy is only $663.25 and less than $2,500; 2, the amount determined by the court below, was a motion to quash an execution issued on judgment enforcing a mechanic’s lien, before any sale thereunder; 3,…
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Transferred from Kansas Gity Court of Appeals. "We desire to suggest that this case was improperly certified to this court by the Kansas City Court of Appeals, and it should therefore be remanded to said court for the following reasons: 1, the amount involved in this controversy is only $663.25 and less than $2,500; 2, the amount determined by the court below, was a motion to quash an execution issued on judgment enforcing a mechanic’s lien, before any sale thereunder; 3, the controversy between appellants and respondent does not’involve the title to real estate. Eischer y. Johnson, 139 Mo.…
1Opinion of the CourtSheewood, J.
This cause has been transferred by the Kansas City Court of Appeals to this court on the ground that it involves the title to real estate. In order to determine whether this be so will be the subject of the present inquiry.
On August 7, 1890, a judgment was rendered before Allen, justice of the peace, in favor of one Kettig and against one Yan Patton, and also against others who were interested in certain real estate covered by said mechanic’s lien, and who afterwards received deeds from Kinley, the purchaser of said real estate on an execution issued on a judgment rendered by Allen, for the…
2Cases cited17 opinions
- Price v. BlankenshipSupreme Court of Missouri · 1898
- Downing v. StillSupreme Court of Missouri · 1869
- State ex rel. Haeussler v. Court of AppealsSupreme Court of Missouri · 1877
- Davis v. McCannSupreme Court of Missouri · 1898
- Barber Asphalt Paving Co. v. HezelSupreme Court of Missouri · 1897
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3Cited by8 opinions
- Nettleton Bank v. Estate of McGauheySupreme Court of Missouri · 1928
- Ballenger v. WindesSupreme Court of Missouri · 1936
- Gibbany v. WalkerSupreme Court of Missouri · 1938
- Lawson v. HammondSupreme Court of Missouri · 1905
- Gibbany, Admr. v. WalkerMissouri Court of Appeals · 1938
3 more not listed; retrieve them via the Exa API.