Drey v. Doyle
Missouri Court of Appeals
Appeal from the St. Louis Circuit Court, Daniel Dillon, Judge. The notice was sufficient. Walker v. Sharp, 14 Allen, 43; Steffins v. Earl, 40'N.. J. 123. But if formally insufficient its defects were waived. Boynton ■». Bodwell, 113 Mass. 531 ; 2 Taylor on Landlord and Tenant, secs. 472, 488, pp. 51-58; Wade on Notice, sec. 647, p. 363. The pendency of the other suit could not abate this one. Carter v. Skaggs, 38 Mo. 302, 305; Bunn v. Miller, 8 Mo.
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Appeal from the St. Louis Circuit Court, Daniel Dillon, Judge. The notice was sufficient. Walker v. Sharp, 14 Allen, 43; Steffins v. Earl, 40'N.. J. 123. But if formally insufficient its defects were waived. Boynton ■». Bodwell, 113 Mass. 531 ; 2 Taylor on Landlord and Tenant, secs. 472, 488, pp. 51-58; Wade on Notice, sec. 647, p. 363. The pendency of the other suit could not abate this one. Carter v. Skaggs, 38 Mo. 302, 305; Bunn v. Miller, 8 Mo. App. 467; Ekey v. Inge, 87 Mo. 493. The second suit should have been abated. 45 Mo. 294; 47 Mo. 344. The tenancy was from year to year. Railroad…
1Opinion of the Court
Rombauer, J.,
deliveied the opinion of the court.
This is an action of unlawful detainer, and the plaintiff’s statement is the only written pleading therein. Upon trial in the circuit court the defendant gave in evidence the record of an ejectment suit wherein the plaintiff had recovered judgment, and it was admitted then and there that the parties in said suit were the same as in this, that the plaintiff in said suit relied on evidence-which was the same as in this, and claimed possession of the same property under the same title on which he *251relied in this case. The court thereupon directed…
2Cases cited11 opinions
- Gunn v. SinclairSupreme Court of Missouri · 1873
- Kimmel v. BennaSupreme Court of Missouri · 1879
- Ekey v. IngeSupreme Court of Missouri · 1885
- Carter v. ScaggsSupreme Court of Missouri · 1866
- Boynton v. BodwellMassachusetts Supreme Judicial Court · 1873
6 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Berner v. GebhardtMissouri Court of Appeals · 1901
- Callahan v. DavisSupreme Court of Missouri · 1894
- Delaney v. FlanaganMissouri Court of Appeals · 1890
- Blume v. LightleSupreme Court of Arkansas · 1928
- Edmonston v. WebbMissouri Court of Appeals · 1906