Legal Opinion

State Ex Rel. Turner v. Sloan

Missouri Court of Appeals

Decided March 3, 1980No. WD 30722PublishedCited by 11 opinions

1Opinion of the Court

ORIGINAL PROCEEDING IN PROHIBITION

Before WASSERSTROM, C. J., and SHANGLER, DIXON, PRITCHARD, SWOFFORD, CLARK and MANFORD, JJ. SHANGLER, Judge.

Our preliminary rule in prohibition issued to prevent the execution of a writ of possession in aid of summary judgment entered by the respondent judge on a counterclaim for ejectment to the claim of the relator to quiet title to the realty. We determine that the order of summary judgment was not final for purposes of execution and make our preliminary rule in prohibition absolute.

The summary judgment which the writ of possession undertakes to execute is…

2Cases cited24 opinions

  1. Fed. Sec. L. Rep. P 95,552 International Controls Corp. v. Robert L. Vesco, and Vesco & Co., Inc.Court of Appeals for the Second Circuit · 1976
  2. Spires v. EdgarSupreme Court of Missouri · 1974
  3. Ford v. Luria Steel & Trading Corp.Court of Appeals for the Eighth Circuit · 1951
  4. Bolin v. Farmers Alliance Mutual Insurance Co.Supreme Court of Missouri · 1977
  5. Stump v. HornbackSupreme Court of Missouri · 1891

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

3Cited by11 opinions

  1. Ennis v. McLagganMissouri Court of Appeals · 1980
  2. Dygert v. CrouchMissouri Court of Appeals · 2001
  3. Kliefoth v. FieldsMissouri Court of Appeals · 1992
  4. First American Title Ins. Co. v. BirdsongMissouri Court of Appeals · 2000
  5. Gardner v. GardnerMissouri Court of Appeals · 1992

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

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