Bernecker v. Miller
Supreme Court of Missouri
Appeal from Si. Louis Circuit Court. The.court gave the following instruction for the plaintiff, which was excepted to : “ If the jury believe from the evidence that the plaintiff by his servant was in possession of the premises, and the defendants, by threats, words or actions calculated, to excite fear and apprehension of danger, entered upon the premises in question, or any part thereof, and turned the complainant or his servant out, then the defendants are guilty of…
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Appeal from Si. Louis Circuit Court. The.court gave the following instruction for the plaintiff, which was excepted to : “ If the jury believe from the evidence that the plaintiff by his servant was in possession of the premises, and the defendants, by threats, words or actions calculated, to excite fear and apprehension of danger, entered upon the premises in question, or any part thereof, and turned the complainant or his servant out, then the defendants are guilty of forcible entry and detainer.” The defendants asked the following instruction, which was refused and excepted to : “ On the…
1Opinion of the CourtHolmes, Judge
This was an action of forcible entry and detainer. It appears that the defendants had been in possession of the premises together as heirs and tenants in common; that Wendelin Miller (who held by right of his wife) had taken alease from the plaintiff, who was not in any actual possession of the premises at the time, which included these premises (as Wendelin says, by. mistake in the description, of which he knew nothing, not being able to read English) ; and at the expiration of this lease the plaintiff sued him and obtained a writ of possession against him, which was executed by the sheriff…
2Cases cited1 opinion
- Garrison v. SavignacSupreme Court of Missouri · 1857
3Cited by1 opinion
- Bernecker v. MillerSupreme Court of Missouri · 1869