Legal Opinion

Ashbrook v. Dale

Missouri Court of Appeals

Decided November 8, 1887PublishedCited by 5 opinions

Appeal from the St. Louis Circuit Court, Leroy D. Y ALLI ANT, Judge. The answer sets up no defence, as prostitution is tolerated by law in St. Louis and renting a house for that purpose is no offence. Givens v. Van Studdi-.ford, 86 Mo. 149 ; The State v. Be Bar, 58 Mo. 395; The State v. Otarle, 54 Mo. 17; Greenhood on Pub.

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Appeal from the St. Louis Circuit Court, Leroy D. Y ALLI ANT, Judge. The answer sets up no defence, as prostitution is tolerated by law in St. Louis and renting a house for that purpose is no offence. Givens v. Van Studdi-.ford, 86 Mo. 149 ; The State v. Be Bar, 58 Mo. 395; The State v. Otarle, 54 Mo. 17; Greenhood on Pub. Pol. 4. Witnesses Wolff, Hogan, and Hobbs should not have been allowed to testify that the house, 722 Market street, had the general reputation of being a house of prostitution. Loehner v. Ins. Co., 17 Mo. 247, 258. The instruction asked by the plaintiff to the effect that…

1Opinion of the CourtRombauer, J.

The action is for rent, and the defence rests on the sole ground that the premises were knowingly let by the landlord for the purpose of being used and kept as a bawdy-house, and were so used during the period of occupancy in question. The cause was tried by a jury who found a verdict for the defendant.

The plaintiffs assign for error that the answer states no defence, because sections 1550 and 1551, Revised Statutes, upon which it rests, have been decided not to apply to the city of St. Louis. The State v. DeBar, 58 Mo. 395; Givens v. Van Studdiford, 86 Mo. 149. The answer simply claims the…

2Cases cited5 opinions

  1. Givens v. Van StuddifordSupreme Court of Missouri · 1885
  2. Union Savings Ass'n v. EdwardsSupreme Court of Missouri · 1871
  3. State v. DeBarSupreme Court of Missouri · 1874
  4. Gordon v. RitenourSupreme Court of Missouri · 1885
  5. Conover v. BerdineSupreme Court of Missouri · 1878

3Cited by5 opinions

  1. Sprague v. RooneySupreme Court of Missouri · 1891
  2. State ex rel. Smith v. BowmanMissouri Court of Appeals · 1914
  3. Mitchell v. CampbellMississippi Supreme Court · 1916
  4. Finley v. WilliamsonMissouri Court of Appeals · 1919
  5. Clarke v. KaneMissouri Court of Appeals · 1889

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