Bartlett v. Draper
Supreme Court of Missouri
•Appeal from Pike Circuit Court. The facts sufficiently appear in the opinion of the court. I. There is no evidence to support the verdict. The action is an action of forcible entry and detainer under the 2d section of the act.
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•Appeal from Pike Circuit Court. The facts sufficiently appear in the opinion of the court. I. There is no evidence to support the verdict. The action is an action of forcible entry and detainer under the 2d section of the act. To constitute a cause of action under this section, the entry must either be by force or strong hand, &e.; or else the entry must be peaceable (R. C. 1845, p. 512), and then a turning out by force, or frightening by threats or other circumstances of terror, the party out of possession. In this case there was no evidence of either, or any evidence tending to show that…
1Opinion of the CourtRylaND, Judge
This was an action of forcible entry and detainer by Bartlett against the defendants and others for two lots of ground in the town of Louisiana. The plaintiff had judgment before the justice. The defendants appealed to the Circuit Court. On the trial in that court the plaintiff again had a verdict and judgment. After the evidence was closed on both sides, the court *409gaye three instructions for the plaintiff, and one for the defendants, and refused to give the other instructions asked for by defendants. The defendants excepted to the giving of the instructions for the plaintiff and the refusal…
2Cited by16 opinions
- Miller v. NorthupSupreme Court of Missouri · 1872
- Bradley v. WestSupreme Court of Missouri · 1875
- Willis v. StevensMissouri Court of Appeals · 1887
- Jarvis v. HamiltonWisconsin Supreme Court · 1863
- McCartney's v. AldersonSupreme Court of Missouri · 1869
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