Legal Opinion

Metropolitan Land Co. v. Manning

Missouri Court of Appeals

Decided January 5, 1903PublishedCited by 15 opinions

Appeal from Jackson Circuit Court. — Hon. John W. Henry, Judge. (1) From and after November 9, 1901, the date of forfeiture of defendant’s lease, defendant bad no right in or to tbe possession of the ball park, and from and after tlie 12th day of November, 1901, defendant, bis agents and servants, were trespassers therein. Callaway v. Henderson, 130 Mo. 77; Webb v. Ins. Co., 14 Mo. 3; Patton v. Bond, 50 la. 508; 18 Am. and Eng.

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Appeal from Jackson Circuit Court. — Hon. John W. Henry, Judge. (1) From and after November 9, 1901, the date of forfeiture of defendant’s lease, defendant bad no right in or to tbe possession of the ball park, and from and after tlie 12th day of November, 1901, defendant, bis agents and servants, were trespassers therein. Callaway v. Henderson, 130 Mo. 77; Webb v. Ins. Co., 14 Mo. 3; Patton v. Bond, 50 la. 508; 18 Am. and Eng. Ency. of Law (2 Ed.), p. 371; Gfuffy v. Huskill, 34 W. Ya. 49; 18 Am. and Eng. Ency. of Law (2 Ed.), p. 342. (2) Defendant’s agents and servants were trespassers after…

1Opinion of the CourtEllison, J.

This ‘proceeding is an 'injunction to prevent the continuation of trespasses on real estate. A temporary writ was issued which, at the hearing in the trial court, was dissolved. A receiver was appointed to take charge of the property and collect *253amounts due on games to’ be played on the day succeeding the issuing of the writ..

There is wide disagreement between the parties as to many of the facts in the case which tends somewhat to confuse an effort to ascertain the merits of the questions at issue. There are, however, certain matters going far towards a settlement of the controversy which are…

2Cases cited19 opinions

  1. Noyes v. . AndersonNew York Court of Appeals · 1891
  2. Jones v. WilliamsSupreme Court of Missouri · 1897
  3. Giles v. . AustinNew York Court of Appeals · 1875
  4. Allen v. KennedySupreme Court of Missouri · 1886
  5. State Savings Bank v. KerchevalSupreme Court of Missouri · 1877

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3Cited by15 opinions

  1. Big Six Development Co. v. MitchellCourt of Appeals for the Eighth Circuit · 1905
  2. Eurengy v. Equitable Realty Corp.Supreme Court of Missouri · 1937
  3. Deskins v. RogersSupreme Court of Oklahoma · 1919
  4. Geer v. Boston Little Circle Zinc Co.Missouri Court of Appeals · 1907
  5. Sheetz v. PriceMissouri Court of Appeals · 1911

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