State ex rel. Cuomo v. Hall
Missouri Court of Appeals
Appeal from the Buchanan Circuit Court. — Hon. Henry M. Ramey, Judge. By section 5178, Revised Statutes, 1889, in making the change of possession, regard must be had to the situation of the property, and “a reasonable time is a' question of fact for the jury.” Lesser v. BoeTchoff, 38 Mo. App. 445 ; Dyer v. Balsley, 40 Mo. App. 559; Organ Co. v. Pettit, 34 Mo. App. 536; State to use v. Heilman, 20 Mo.
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Appeal from the Buchanan Circuit Court. — Hon. Henry M. Ramey, Judge. By section 5178, Revised Statutes, 1889, in making the change of possession, regard must be had to the situation of the property, and “a reasonable time is a' question of fact for the jury.” Lesser v. BoeTchoff, 38 Mo. App. 445 ; Dyer v. Balsley, 40 Mo. App. 559; Organ Co. v. Pettit, 34 Mo. App. 536; State to use v. Heilman, 20 Mo. App. 304. Unless the evidence wholly fails to make proof of the essential averments of the petition, then it is error in the court to sustain a demurrer. JVoeninger v. Vogt, 88 Mo. 589. :(1) A…
1Opinion of the CourtSmith, P. J.
— This was an action by the relator against the defendant, a constable, and the sureties on his official bond for damages. The abstract utterly fails-to meet the requirements of rule 15 in that it sets out no part of the pleadings and nearly none of the evidence. Though the only question presented by the-appeal for our consideration is as to the propriety of the action of the circuit court in withdrawing the case-from the consideration of the jury by the giving of an instruction in the nature of a demurrer to the plaintiff’s evidence, yet the abstract sets forth only a fragment of the…
2Cases cited12 opinions
- Burgert v. BorchertSupreme Court of Missouri · 1875
- Claflin v. RosenbergSupreme Court of Missouri · 1868
- Gammon v. AbramsWisconsin Supreme Court · 1881
- Wright v. McCormickSupreme Court of Missouri · 1878
- Stewart v. NelsonSupreme Court of Missouri · 1883
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3Cited by3 opinions
- Halderman v. StillingtonMissouri Court of Appeals · 1895
- Tuttle & Pike v. Bracey-Howard Construction Co.Missouri Court of Appeals · 1909
- Bowles Live Stock Commission Co. v. HunterMissouri Court of Appeals · 1902