Herzog v. Ross
| Decision Date | 15 January 1946 |
| Docket Number | No. 26891.,26891. |
| Citation | 192 S.W.2d 23 |
| Parties | HERZOG et al. v. ROSS et al. |
| Court | Missouri Court of Appeals |
Appeal from St. Louis Circuit Court, William S. Connor, Judge.
"Not to be reported in State Reports."
Action by Richard R. Herzog and another against Violet Ross and another for specific performance of a contract for sale of realty. Judgment for defendants, and plaintiffs appeal.
Cause transferred to the Supreme Court.
Jesse T. Friday, of St. Louis, for appellants.
J. E. Patton, of St. Louis, for respondents.
SUTTON, Commissioner.
This is an action to compel specific performance of a contract for the sale of real estate.
There was a judgment for the defendants below, and plaintiffs appeal.
It is obvious that this court is without jurisdiction because the title to real estate is involved. State ex rel. Place v. Bland, 353 Mo. 639, loc. cit. 648, 183 S.W.2d 878.
The Commissioner recommends that the cause be transferred to the Supreme Court.
The foregoing opinion of SUTTON, C., is adopted as the opinion of the court.
The cause is accordingly transferred to the Supreme Court.
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Atkinson v. Smothers
...contract for the sale of realty. If defendant's counterclaim is to be so construed the Court of Appeals has no jurisdiction. Herzog v. Ross, Mo.App., 192 S.W.2d 23, appeal transferred 355 Mo. 406, 196 S.W.2d 268, 167 A.L.R. 407; Barnes v. Stone, 198 Mo. 471, 95 S.W. 915; State ex rel. Place......
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Drake v. Hicks
...in this court. State ex rel. Place v. Bland, 353 Mo. 639, 183 S.W.2d 878; Barnes v. Stone, 198 Mo. 471, 478, 95 S.W. 915; Herzog v. Ross, Mo.App., 192 S.W.2d 23. While the three defendants joined in the appeal, the points for decision are all confined to matters in controversy between Hicks......