Caruthers v. Williams
Missouri Court of Appeals
Appeal from the Bates Circuit Court. — Hon. James H. Lay, Judge. (1) The court erred in refusing to permit plaintiff to prove the damaged condition of the flax by reason of it having been left in the field and in refusing the plaintiff to prove that it was in a perishable condition, and, if not cared for, would result in the loss of plaintiff’s rent. 4 American & English Encyclopedia of Law, p. 897. (2) Plaintiff’s instruction number 5, refused by the court, properly…
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Appeal from the Bates Circuit Court. — Hon. James H. Lay, Judge. (1) The court erred in refusing to permit plaintiff to prove the damaged condition of the flax by reason of it having been left in the field and in refusing the plaintiff to prove that it was in a perishable condition, and, if not cared for, would result in the loss of plaintiff’s rent. 4 American & English Encyclopedia of Law, p. 897. (2) Plaintiff’s instruction number 5, refused by the court, properly declared the law. This proposition is too plain to argue. (1) The refusal of instruction number 5 was very proper. In the…
1Opinion of the CourtEllison, J.
— This action is attachment for rent, and is instituted under the landlord and tenant statute. The judgment below was for defendant both on the plea in abatement and the merits, and both are by agreement now submitted here on one appeal.
The causes of attachment as alleged were: “That the defendant is removing his property from the leased or rented premises; that defendant has within thirty days removed his property from the leased or rented *183premises; that the defendant has by chattel mortgage disposed of the crop grown upon the leased premises, so as to hinder and delay the plaintiff in…
2Cases cited2 opinions
- Garrett v. GreenwellSupreme Court of Missouri · 1887
- Dawson v. QuillenMissouri Court of Appeals · 1891
3Cited by2 opinions
- Caruthers v. WilliamsMissouri Court of Appeals · 1894
- Clark v. PatzackSupreme Court of Oklahoma · 1952