Craig v. Donnelly
Missouri Court of Appeals
Appeal from Jackson Circuit Court, Hon. Turner A. Gill, Judge. Statement of case by the court. This is an action of forcible entry and detainer, begun before a justice of the peace, and removed by certiorari to the circuit court. At the close of the plaintiff’s case a demurrer to the evidence was sustained and defendant appeals.
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Appeal from Jackson Circuit Court, Hon. Turner A. Gill, Judge. Statement of case by the court. This is an action of forcible entry and detainer, begun before a justice of the peace, and removed by certiorari to the circuit court. At the close of the plaintiff’s case a demurrer to the evidence was sustained and defendant appeals. It appears from the testimony that the controversy is over the possession of the “Gillis Opera House” in Kansas City; that plaintiff entered into the possession of the property under the following written paper: “'This agreement, made and entered into this, the fifth…
1Opinion of the CourtEllison, J.
To maintain this action there must have been a possession in the plaintiff, and this fact of possession and the intrusion upon it is the sole issue.
I. There is no legal rule more fully and definitely settled than that, in an action of forcible entry and detainer, neither the title nor the right to the possession *351is in issue. The matter of right is foreign to the case. The question is merely, has there been a forcible entry on the plaintiff’s possession? If there has been the intruder must restore' the possession ; place the party in statu quo, and then if he has a case he can assert it by…
2Cases cited5 opinions
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- Chynowitch v. Granby Mining & Smelting Co.Supreme Court of Missouri · 1881
- King's Adm'r v. St. Louis Gas Light Co.Supreme Court of Missouri · 1863
- Van Eman v. WalkerSupreme Court of Missouri · 1870
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- Sills v. GoodyearMissouri Court of Appeals · 1899
- Graham v. WomackMissouri Court of Appeals · 1900
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