Chamberlain v. Heard
Missouri Court of Appeals
Appeal from Pettis Circuit Court, Hon. John P. Strother, Judge. Statement of case by the court. This action was instituted on February 27,1883, in the circuit court of Pettis county, on a promissory note given )]by the defendants for a certain farm leased to them by the plaintiff.
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Appeal from Pettis Circuit Court, Hon. John P. Strother, Judge. Statement of case by the court. This action was instituted on February 27,1883, in the circuit court of Pettis county, on a promissory note given )]by the defendants for a certain farm leased to them by the plaintiff. The lease was made on February 28,1882, and was to terminate on March 1, 1883. The note became due January 1, 1883. An order of attachment was issued the day on which the suit was begun, on the proper bond, and an affidavit of plaintiff, which averred, among other things, that the note was given for the rent of the…
1Opinion of the CourtHall, J.
The fact that the rent was due and unpaid was clearly averred in the affidavit as ground of attachment.
The question in this case turns upon the construction of section 3091, Revised Statutes, which is as follows: “When any pérson, who shall be liable to pay rent, whether the same is due or not, or whether the same be payable in .money or other things, if the rent be due within one year thereafter, intends to remove, or is removing, or has within thirty days removed his property from the leased premises (or shall in any manner dispose of such crop, or attempt to dispose of the same, so as to…
2Cases cited5 opinions
- Morris v. HammerleSupreme Court of Missouri · 1867
- State v. PhelanSupreme Court of Missouri · 1877
- Price v. RoetzellSupreme Court of Missouri · 1874
- Gilliam v. BallSupreme Court of Missouri · 1872
- Kinear v. ShandsSupreme Court of Missouri · 1865
3Cited by6 opinions
- Hicks v. MartinMissouri Court of Appeals · 1887
- Toney v. GoodleyMissouri Court of Appeals · 1894
- Bryan v. VaughnMissouri Court of Appeals · 1979
- Norton v. FlakeCourt of Appeals of Kansas · 1889
- Haseltine v. AushermanMissouri Court of Appeals · 1888
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