Legal Opinion

O'Neill v. Manget

Missouri Court of Appeals

Decided March 24, 1891PublishedCited by 3 opinions

Appeal from the St. Louis City Circuit Court. — IIon. James E. Withrow, Judge. The evidence offered by plaintiff did not prove that the plaintiff wrongfully entered and expelled the defendant, or that there was some deliberate disturbance of defendant’s possession by plaintiff, whereby he was depiived of the beneficial enjoyment of the demised premises. Taylor on Landlord & Tenant, secs. 307-318 ; Cray v. Caff, 8 Mo. App. 329 ; Smith v. Thurston, 19 Mo.

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Appeal from the St. Louis City Circuit Court. — IIon. James E. Withrow, Judge. The evidence offered by plaintiff did not prove that the plaintiff wrongfully entered and expelled the defendant, or that there was some deliberate disturbance of defendant’s possession by plaintiff, whereby he was depiived of the beneficial enjoyment of the demised premises. Taylor on Landlord & Tenant, secs. 307-318 ; Cray v. Caff, 8 Mo. App. 329 ; Smith v. Thurston, 19 Mo. App. 58 ; Jaelcson v. Eddy, 12 Mo. 212 ; Ogilnie v. Hull, 5 Hill, 54; Royce n. Guggenheim, 106 Mass. 201.

1Opinion of the CourtRombauer, P. J.

This is a suit for rent. The defense is eviction. At the close of the plaintiff’s evidence the court instructed the jury to find for the defendant, and the propriety of this instruction is the only question presented by this appeal.

The plaintiff let to the defendant a space, four feet in width by ten feet in length, immediately adjoining a window known as 1119 Poplar street, for the purpose of carrying on the railroad ticket business exclusively, the defendant to have the right to use said window, and the first brick column to the east of the window, for the purpose of advertising said ticket…

2Cases cited2 opinions

  1. Jackson v. EddySupreme Court of Missouri · 1848
  2. Gray v. GaffMissouri Court of Appeals · 1880

3Cited by3 opinions

  1. National Hollow Brake Beam Co. v. BakewellSupreme Court of Missouri · 1909
  2. New State Brewing Ass'n v. MillerSupreme Court of Oklahoma · 1914
  3. Wood v. GablerMissouri Court of Appeals · 1934

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