State ex rel. Curtis v. Broaddus
Supreme Court of Missouri
Certiorari. In the first trial of this case the circuit court sustained a demurrer to plaintiff’s evidence, bolding that the facts constituted no cause of action. The Supreme Court on appeal reversed this and directed the trial court to proceed to try the case in accordance with this opinion, which the lower court did.
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Certiorari. In the first trial of this case the circuit court sustained a demurrer to plaintiff’s evidence, bolding that the facts constituted no cause of action. The Supreme Court on appeal reversed this and directed the trial court to proceed to try the case in accordance with this opinion, which the lower court did. The court of appeals to which the case was sent on second appeal on substantially the same evidence .in all respects, by a different construction of the same evidence held that the lower court erred in submitting the case to the jury and reversed the case without remanding.…
1Opinion of the CourtBrown, J.
This is a proceeding by certiorari in this court to quash a judgment entered by respondents as judges of the Kansas- City Court of Appeals.
In effect it is a continuation of a suit instituted in the circuit court of Jackson county, wherein the relator as plaintiff brought suit against one Samuel E. Sexton, as defendant, to enforce a contract to repurchase certain real estate located in Kansas City, Missouri. The first trial was had on January 29, 1903, when the circuit court sustained a demurrer to the plaintiff’s evidence, whereupon the plaintiff, Curtis, appealed to this court. The appeal…
2Cases cited5 opinions
- Curtis v. SextonSupreme Court of Missouri · 1907
- State ex rel. Hobart v. SmithSupreme Court of Missouri · 1903
- Missouri, Kansas & Texas Railway Co. v. SmithSupreme Court of Missouri · 1900
- State ex rel. Springfield Traction Co. v. BroaddusSupreme Court of Missouri · 1907
- Curtis v. SextonMissouri Court of Appeals · 1910
3Cited by27 opinions
- Laclede Investment Corp. v. KaiserMissouri Court of Appeals · 1980
- State ex rel. Evans v. BroaddusSupreme Court of Missouri · 1912
- Hall Oil Co. v. BarquinWyoming Supreme Court · 1925
- Davis v. J.C. Nichols Co.Missouri Court of Appeals · 1988
- State ex rel. United Railways Co. v. ReynoldsSupreme Court of Missouri · 1914
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