Legal Opinion

Hoffstetter v. Blattner

Supreme Court of Missouri

Decided July 15, 1843PublishedCited by 8 opinions

ERROR to the Court of Common Pleas of St. Louis county. The plaintiff in error makes the following points:— 1. That the court erred in admitting the testimony of Moser, who testified that he possessed the property under a written lease from Blattner, when the lease was not produced, nor its absence accounted for.

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ERROR to the Court of Common Pleas of St. Louis county. The plaintiff in error makes the following points:— 1. That the court erred in admitting the testimony of Moser, who testified that he possessed the property under a written lease from Blattner, when the lease was not produced, nor its absence accounted for. He testified also that he had sold to Blattner, and no conveyance was shown. 2. That the plaintiff was not entitled to recover on the case made, and the court ought to have given the instruction asked. 3. That the court erred in refusing to admit the evidence offered by defendant,…

1Opinion of the Court

Tompkins, Judge,

delivered, the opinion of the Court.

This was an action of forcible entry and detainer, commenced on the 9th day of November, in the year 1841, by Jacob Blattner, the appellee, against the said Gabriel Hoffstetter and John Strasser, before a justice of the peace: Strasser was acquitted before the justice, and Ploffstetter found guilty. Hoffstetter appealed to the Court of Common Pleas, where judgment was rendered against him, and security was given in his appeal bond for two hundred and fifty-six dollars for damages, besides rent at thirty-two dollars per month.

On the trial of…

2Cases cited2 opinions

  1. Perkins v. RamseySupreme Court of the United States · 1820
  2. Blount v. WinrightSupreme Court of Missouri · 1841

3Cited by8 opinions

  1. Fugate v. PierceSupreme Court of Missouri · 1872
  2. Ray v. BlackmanMissouri Court of Appeals · 1906
  3. Miller v. NorthupSupreme Court of Missouri · 1872
  4. Willis v. StevensMissouri Court of Appeals · 1887
  5. McCartney's v. AldersonSupreme Court of Missouri · 1869

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