Burns v. Patrick
Supreme Court of Missouri
Appeal from St. Louis Land Court. The complaint is in substance as follows: The plaintiff alleges that the defendants, “ with force and strong hand, entered upon and into the following described land and premises [describing it], and broke open the doors and windows and other parts of the dwelling houses on said lot erected, and in which the tenants of this complainant then and there resided, and turned the said tenants of this complainant out of possession of said lot and…
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Appeal from St. Louis Land Court. The complaint is in substance as follows: The plaintiff alleges that the defendants, “ with force and strong hand, entered upon and into the following described land and premises [describing it], and broke open the doors and windows and other parts of the dwelling houses on said lot erected, and in which the tenants of this complainant then and there resided, and turned the said tenants of this complainant out of possession of said lot and tenements by force, frightening, threats and other circumstances of terror, which said tenants of this complainant so…
1Opinion of the CourtScott, Judge
The plaintiff in this action can not recover on the ground that the defendants wrongfully and without force by disseizin obtained and continued in possession of the premises in dispute after demand made in writing for the deliverance of possession thereof, because there is no proof of any such demand in the bill of exceptions. There is a demand copied among the papers in the cause, but not being embodied in the bill of exceptions it can not be noticed by this court. Moreover, the complaint is so framed as not to bring it within that provision of the statute.
The complaint on which this…
2Cited by6 opinions
- Childs v. Kansas City, St. Joseph & Council Bluffs RailroadSupreme Court of Missouri · 1893
- McGrew v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1910
- Cartwright v. Liberty Telephone Co.Supreme Court of Missouri · 1907
- Hyde v. FraherMissouri Court of Appeals · 1887
- George v. Quincy, Omaha & Kansas City RailroadMissouri Court of Appeals · 1914
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