Sugg v. Eskew

Decided May 6, 1912.)

Eighth Circuit Court of Appeals · decided 1912-05-06

Action at law by Clyde P. Sugg and others against John Eskew. and the Deeatur Egg Case Company. Judgment for defendants, and plaintiffs bring error.

2 counsel of record

Relies on Byrd v. Haul

Reversed · Opinion by John Emmett Carland · Decided 1912-05-06

¶1In Error to the Circuit Court of the United States for the Eastern District of Missouri.

¶2Action at law by Clyde P. Sugg and others against John Eskew. and the Deeatur Egg Case Company. Judgment for defendants, and plaintiffs bring error.

¶3Reversed.

¶4Wilson Cramer and R. B. Oliver, Sr., for plaintiffs in error.

¶5Martin D. Clardy and Robert A. Anthony, for defendants in error.

¶6Before SANBORN, ADAMS, and GARLAND, Circuit Judges.

¶8CARLAND, Circuit Judge.

¶9This is an action in ejectment for section 36, township 17, range 7, Dunklin county, .Mo., and for rents and profits. Our decision in No. 3,659, Byrd v. Hall and Decatur Egg Case Company et al., 196 Fed. 762, must rule this case. The judgment below is therefore reversed, and a new trial granted for the reasons stated in the opinion in that case.