Levy v. McClintock
Missouri Court of Appeals
Appeal from Jackson Circuit Court. — Hon. Thomas J. Seehorn, Judge. (1) At common law, where the owner of property entitled to possession thereof enters the premises, the person wrongfully in possession has no civil remedy. Krevet v. Meyer, 24 Mo. 107; Yeates v. Allin, 2 Dana 184; Reed v. Price, 30 M'o. 446; Barbarick v. Anderson, 45 Mo. App. 272; Hyatt v. Wood, 4 Johns, (N. Y.), 150; Turner v. Meymott, 1 Bing. 158; 8 Eng. Com.
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Appeal from Jackson Circuit Court. — Hon. Thomas J. Seehorn, Judge. (1) At common law, where the owner of property entitled to possession thereof enters the premises, the person wrongfully in possession has no civil remedy. Krevet v. Meyer, 24 Mo. 107; Yeates v. Allin, 2 Dana 184; Reed v. Price, 30 M'o. 446; Barbarick v. Anderson, 45 Mo. App. 272; Hyatt v. Wood, 4 Johns, (N. Y.), 150; Turner v. Meymott, 1 Bing. 158; 8 Eng. Com. L. Rep. 450; Todd v. Jackson, 26 N. J. Law, 525, 532. (2) Tbe remedy of a person dispossessed is by an appeal to tbe statutory action of forcible entry and detainer.…
1Opinion of the CourtEllison, J.
Plaintiff’s action is trespass, in which he recovered judgment in the trial court.
Defendant conducted a restaurant on the ground floor at the corner of Twelfth and Walnut streets in Kansas City, and he rented the second floor to one Isaac Levy, who, with defendant’s consent, permitted plaintiff (who was his son) to occupy the premises and operate a billiard hall. The entrance to the premises was by a stairway off of Twelfth street through a hall or passageway. For the purposes of the case we will, in plaintiff’s interest, consider him as defendant’s tenant. It is alleged in the petition that…
2Cases cited15 opinions
- Hyatt v. WoodNew York Supreme Court · 1809
- Reeder v. PurdyIllinois Supreme Court · 1866
- Fuhr v. DeanSupreme Court of Missouri · 1857
- Krevet v. MeyerSupreme Court of Missouri · 1856
- Dustin v. CowdrySupreme Court of Vermont · 1851
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3Cited by3 opinions
- State Ex Rel. Fletcher v. BlairSupreme Court of Missouri · 1944
- Chappee v. Lubrite Refining Co.Supreme Court of Missouri · 1935
- Bergman v. Vogt's AdministratorMissouri Court of Appeals · 1913