STATE OF MISSOURI, AT THE RELATION AND USE OF BOLIVAR TELEPHONE COMPANY, A CORPORATION, RELATOR-APPELLANT, v. PUBLIC SERVICE COMMISSION OF THE STATE OF MISSOURI, AND TYRE W. BURTON, E. L. MCCLINTOCK, D. D. MCDONALD, WILLIAM BARTON AND FRANK J. LUEN, AS MEMBERS OF SAID PUBLIC SERVICE COMMISSION, RESPONDENTS. No. 48869.Supreme Court of Missouri. Division No. […]
Category: Court Opinions
STATE v. DIRECTOR OF MANUFACTURED HOUSING, 168 S.W.3d 680 (Mo.App.W.D. 2005)
STATE of Missouri ex rel. A G COMMERCIAL TRUCKING, INC., Respondent, v. DIRECTOR OF THE MANUFACTURED HOUSING AND MODULAR UNITS PROGRAM OF THE PUBLIC SERVICE COMMISSION, and The Missouri Public Service Commission, Appellants. No. WD 64472.Missouri Court of Appeals, Western District. June 7, 2005. Motion for Rehearing and/or Transfer to Supreme Court Denied August 2, […]
BIG BOYS STEEL v. HERCULES CONST. CO., 765 S.W.2d 684 (Mo.App.E.D. 1989)
BIG BOYS STEEL ERECTION, INC., APPELLANT, v. HERCULES CONSTRUCTION COMPANY, AND ACME STRUCTURAL, INC., RESPONDENTS. No. 54727.Missouri Court of Appeals, Eastern District, Division Four. February 14, 1989. APPEAL FROM THE CIRCUIT COURT, ST. LOUIS COUNTY, RICHARD T. ENRIGHT, J. Page 685 Jerrold H. Chapnick, Clayton, for appellant. Richard F. Huck, III, St. Louis, for Hercules. […]
WHITE v. WABASH RAILROAD CO., 240 Mo. App. 344 (1947)
207 S.W.2d 505 W.C. WHITE AND SABETHA WHITE, RESPONDENTS v. WABASH RAILROAD COMPANY, A CORPORATION, APPELLANT. Kansas City Court of Appeals. Opinion delivered December 1, 1947. 1. — Appeal and Error. It is not within province of appellate court to weigh evidence in action for damages for diversion of surface waters over farm owned by […]
REEVES v. REEVES, 399 S.W.2d 641 (Mo.App.Spr. 1966)
DORIS REEVES, PLAINTIFF-RESPONDENT, v. ARTHUR REEVES, DEFENDANT-APPELLANT. No. 8475.Springfield Court of Appeals, Missouri. February 7, 1966. APPEAL FROM THE CIRCUIT COURT, BUTLER COUNTY, HOWARD R. MANESS, J. Page 642 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Page 643 Wangelin Friedewald, Poplar Bluff, […]
STATE v. TURNER, 810 S.W.2d 92 (Mo.App.E.D. 1991)
STATE OF MISSOURI, RESPONDENT, v. CARL TURNER, APPELLANT. CARL TURNER, APPELLANT, v. STATE OF MISSOURI, RESPONDENT. Nos. 56927, 59068.Missouri Court of Appeals, Eastern District, Division Two. May 28, 1991. APPEAL FROM THE CIRCUIT COURT, ST. LOUIS COUNTY, WILLIAM M. CORRIGAN AND ROBERT W. SAITZ, JJ. Page 93 Deborah B. Wafer, Henry B. Robertson, St. Louis, […]
HOWARD v. STATE, 698 S.W.2d 23 (Mo.App.S.D. 1985)
WILLIAM FLOYD HOWARD, MOVANT-APPELLANT, v. STATE OF MISSOURI, RESPONDENT. No. 13872.Missouri Court of Appeals, Southern District, Division Two. September 17, 1985. APPEAL FROM THE CIRCUIT COURT, PHELPS COUNTY, MARY W. SHEFFIELD, ASSOCIATE JUDGE. Page 24 Peter N. Sterling, Public Defender, Rolla, for movant-appellant. William L. Webster, Atty. Gen., Leah A. Murray, Asst. Atty. Gen., Jefferson […]
BALL v. GRISMORE, 210 Mo. App. 16 (1922)
239 S.W. 524 HARRY I. BALL, Appellant, v. J.W. GRISMORE, Respondent. Kansas City Court of Appeals. April 3, 1922. 1. PLEADING: Counterclaim: Where Counterclaim Failed to Expressly Allege Material Facts, Held the Same Were Necessarily Implied by What Was Stated and the Defect Was Cured by Verdict. Under section 1550, Revised Statutes 1919, a judgment […]
J.R. WATKINS CO. v. LANKFORD, 363 Mo. 1046 (Mo.banc 1953)
256 S.W.2d 788 THE J.R. WATKINS COMPANY, a Corporation, Appellant, v. J.L. LANKFORD and T.J. SANDERS, Respondents. No. 43415.Supreme Court of Missouri, Court en Banc. April 13, 1953. SUMMARY OF DECISION Action upon a suretyship agreement guaranteeing the accounts of plaintiff’s dealer. Defendant does not have available the defense that he was induced by fraud […]
IN RE M.N.J., 291 S.W.3d 306 (Mo.App.W.D. 2009)
In the Interest of: M.N.J. N.M.D.A.; Juvenile Officer, Respondent, v. M.G. and C.G. (Mother), Appellants. Nos. WD70056, WD70057.Missouri Court of Appeals, Western District. June 30, 2009. Appeal from the Circuit Court, Henry County, James Kelso Journey, J. Page 307 [EDITORS’ NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE […]
TYREE v. STATE, 290 S.W.3d 187 (Mo.App.W.D. 2009)
In the Matter of the Care and Treatment of Chance TYREE, a/k/a Chance W. Tyree, Appellant, v. STATE of Missouri, Respondent. No. WD69946.Missouri Court of Appeals, Western District. August 18, 2009. Appeal from the Circuit Court of Cole County, Missouri, Jon E. Beetem, Judge. Emmett D. Queener, Assistant State Public Defender, Columbia, MO, for Appellant. […]
STATE v. PETTY, 298 S.W.3d 588 (Mo.App.E.D. 2009)
STATE of Missouri, Respondent, v. Christopher J. PETTY, Appellant. No. ED91888.Missouri Court of Appeals, Eastern District. December 8, 2009. [EDITORS’ NOTE: THIS OPINION IS SUBJECT TO MODIFICATION OR TRANSFER TO THE SUPREME COURT.] Appeal from the Circuit Court of Lincoln County, David H. Ash, Judge. Kent Denzel, Columbia, MO, for appellant. Shaun J. Mackelprang, Assistant […]
AAA UNIFORM AND LINEN SUPPLY v. BAREFOOT, 81 S.W.3d 133 (Mo.App.W.D. 2002)
AAA UNIFORM AND LINEN SUPPLY, INC., Respondent, v. BAREFOOT, INC., Appellant. No. WD 59668Missouri Court of Appeals, Western District. April 23, 2002 Motion for Rehearing and/or Transfer to Supreme Court Denied May 28, 2002. Application for Transfer Denied August 27, 2002. Page 134 APPEAL FROM THE CIRCUIT COURT OF JACKSON COUNTY, The Honorable Peggy Stevens […]
SCHMELZER v. KANSAS CITY, 295 Mo. 322 (Mo.banc 1922)
243 S.W. 946 BERTHA SCHMELZER, Appellant, v. KANSAS CITY and THOMAS F. NORTON et al. Supreme Court of Missouri, In Banc. September 6, 1922. 1. PARTIES TO ACTION: Service: Due Process: Improving Street: Benefit District: By Suit in Court: Injunction: Res Adjudicata. Under the charter of Kansas City the cost of improving a thoroughfare, which […]
STATE v. GIBBS, 318 S.W.3d 249 (Mo.App.E.D. 2010)
STATE of Missouri, Respondent, v. Willie L. GIBBS, Appellant. No. ED93716.Missouri Court of Appeals, Eastern District. June 22, 2010. Application for Transfer to Supreme Court Denied July 28, 2010. Application for Transfer Denied September 21, 2010. [EDITORS’ NOTE: THIS OPINION IS SUBJECT TO MODIFICATION OR TRANSFER TO THE SUPREME COURT.] Appeal from the Circuit Court […]
STATE v. PETERS, 878 S.W.2d 886 (Mo.App.S.D. 1994)
STATE OF MISSOURI, RESPONDENT, v. RICHARD W. PETERS, APPELLANT. No. 19006.Missouri Court of Appeals, Southern District, Division Two. June 28, 1994. APPEAL FROM THE CIRCUIT COURT, NEWTON COUNTY, DON J. KILLEBREW, JR. Larry Maples, Joplin, for appellant. Jeremiah W. (Jay) Nixon, Atty. Gen., Jefferson City, Clate J. Baker, Asst. Atty. Gen., Springfield, for respondent. GARRISON, […]
STATE v. NORMAN, 380 S.W.2d 406 (Mo.banc 1964)
STATE OF MISSOURI, RESPONDENT, v. JAMES NORMAN, APPELLANT. No. 50496.Supreme Court of Missouri. En Banc. July 13, 1964. Page 407 Thomas F. Eagleton, Atty. Gen., Joseph Nessenfeld, Asst. Atty. Gen., Jefferson City, John E. Mills, Pros. Atty., Ralls County, New London, for respondent. William B. Spaun, Hannibal, for appellant. DALTON, Judge. [1] Defendant filed a […]
CITY OF FLAT RIVER v. COUNTS, 596 S.W.2d 446 (Mo.App.E.D. 1979)
CITY OF FLAT RIVER, PLAINTIFF-RESPONDENT, v. DAVID COUNTS ET AL., DEFENDANTS, JUDY WESTON, INTERVENOR-APPELLANT. No. 40854.Missouri Court of Appeals, Eastern District, Division Two. December 4, 1979. Page 447 APPEAL FROM THE CIRCUIT COURT, ST. FRANCOIS COUNTY, MARSHALL CRAIG, SPECIAL JUDGE. Page 448 William G. Reeves, Gillihan Reeves, Farmington, for defendants. Charles W. Medley, Dennis E. […]
ZIMMERMAN v. STATE TAX COMMISSION OF MISSOURI, 916 S.W.2d 208 (Mo.banc 1996)
EUGENE ZIMMERMAN, APPELLANT, v. STATE TAX COMMISSION OF MISSOURI, ET AL., RESPONDENTS. No. 78393.Supreme Court of Missouri, En Banc. February 20, 1996. APPEAL FROM THE CIRCUIT COURT OF ST. CHARLES COUNTY, HONORABLE DONALD DALTON, JUDGE. Stephanie Karr Gastman, St. Charles, for Appellant. Honorable Jeremiah W. (Jay) Nixon, Attorney General, F. Martin Dajani, Assistant Attorney General, […]
IN RE ESTATE OF POLITTE, 460 S.W.2d 733 (Mo.App.St.L. 1970)
IN THE MATTER OF THE ESTATE OF HAZEL POLITTE, DECEASED. JOSEPH A. POLITTE, APPELLANT, v. ESTATE OF HAZEL POLITTE, DECEASED, RESPONDENT. No. 33714.St. Louis Court of Appeals, Missouri. November 24, 1970. APPEAL FROM THE CIRCUIT COURT, CITY OF ST. LOUIS, IVAN L. HOLT, JR., J. Page 734 Meyer, Traeger Fletcher, Clayton, for appellant. Rosenberg, Weiss, […]