Legal Opinion

Smith v. Kiene

Supreme Court of Missouri

Decided November 30, 1910PublishedCited by 13 opinions

Appeal from Jackson Circuit Court. — Row. Hermann Brumback, Judge. (1) The judgment of March 23,1904, is void because entered without notice. Phelps v. Brumback, 107 Mo. App. 16; Parker v. Johnson, 22 Mo. App. 516; Jackson v. Pulton, 87 Mo. App. 228; Laun v. Ponath, 91 Mo. App. 271; Roberts v. Improvement Co., 126 Mo. 460; Jones v. Yore, 142 Mo. 38; Smith v. Kander, 85 Mo.

Read the full summary

Appeal from Jackson Circuit Court. — Row. Hermann Brumback, Judge. (1) The judgment of March 23,1904, is void because entered without notice. Phelps v. Brumback, 107 Mo. App. 16; Parker v. Johnson, 22 Mo. App. 516; Jackson v. Pulton, 87 Mo. App. 228; Laun v. Ponath, 91 Mo. App. 271; Roberts v. Improvement Co., 126 Mo. 460; Jones v. Yore, 142 Mo. 38; Smith v. Kander, 85 Mo. App. 33; Ault v. Bradley, 191 Mo. 709. (2) The form of judgment is so vague as to make the judgment void. Moody v. Deutsch, 85 Mo. 237; Freeman on Judgments (4 Ed.), sec. 50a; 11 Ency. PI. and Pr. 951; Aultman v. Wirth, 45'…

1Opinion of the CourtWoodson, J.

This is an action of ejectment to recover the possession of a certain lot situate in Kansas City, and particularly described in the pleadings. There was judgment for plaintiff, and defendants appealed. The facts are few and are practically undisputed; and are substantially, as stated by counsel for appellants, as follows:

“This is an action of ejectment brought by Bryce Smith against Ludwig W. Kiene, his wife and daughter, Willie Kiene, to. recover possession of a lot of .ground in Kansas City, Missouri, having a frontage of twenty-seven feet on Eighteenth street, and extending back from the…

2Cases cited17 opinions

  1. Hope v. BlairSupreme Court of Missouri · 1891
  2. City of St. Louis ex rel. Seibert v. AllenSupreme Court of Missouri · 1873
  3. Smith v. StevensSupreme Court of the United States · 1870
  4. State ex rel. Lemon v. Board of EqualizationSupreme Court of Missouri · 1891
  5. Milner v. ShipleySupreme Court of Missouri · 1887

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

3Cited by13 opinions

  1. Neal v. Curtis & Co. Manufacturing Co.Supreme Court of Missouri · 1931
  2. Clark v. St. Louis & Suburban Railway Co.Supreme Court of Missouri · 1911
  3. State v. HaneySupreme Court of Missouri · 1955
  4. Bushman v. BushmanSupreme Court of Missouri · 1925
  5. Hines v. HinesSupreme Court of Missouri · 1912

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

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API