Duke v. Compton
Missouri Court of Appeals
Appeal from the Sowell Circuit Court. — Hon. W, N. Evans, Judge. Section 6397, Revised Statutes, 1889, does not authorize a judgment for rent either in the justice’s court or the circuit court. Creen v. Steinberg, 15 Mo.
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Appeal from the Sowell Circuit Court. — Hon. W, N. Evans, Judge. Section 6397, Revised Statutes, 1889, does not authorize a judgment for rent either in the justice’s court or the circuit court. Creen v. Steinberg, 15 Mo. App. 32; R. S. 1889, sec. 6399. The court very properly held that, since the plaintiff did not bring himself within the provisions of section 6399, supra, by showing that he was a purchaser of defendant’s landlord by a “deed regularly acknowledged,” he was not entitled to recover possession. Defendants having attorned to plaintiff and agreed to pay him rent, this case is…
1Opinion of the CourtBiggs, J.
This action originated before a justice of the peace. The complaint, omitting the caption, is as follows: “Joseph H. Duke, the petitioner above named, for his cause of action alleges that, on or about the fifteenth day of April, 1891, J. T. Gipson was the owner of lot 19 in block 7 of the original plat of Willow Springs, in Howell county and' state of Missouri, and the buildings situate thereon, and that, on the fifteenth day of April, 1891, said J. T. Gipson leased said lot and the buildings thereon to the above-named defendants for the term of one month at the rental of $5 per month, *306payable…
2Cases cited1 opinion
- Green v. SternbergMissouri Court of Appeals · 1884
3Cited by7 opinions
- Barclay v. WyattMissouri Court of Appeals · 1929
- Davis v. BradfordMissouri Court of Appeals · 1957
- Winkelmeier v. KatzelburgerMissouri Court of Appeals · 1898
- Goffstein v. EugeMissouri Court of Appeals · 1965
- Noble v. BuddyMissouri Court of Appeals · 1911
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