Pearce v. Hoyt
Missouri Court of Appeals
Appeal from Jackson Circuit Court. — Hon. James H. Slover, Judge. (1) The court erred in overruling the defendant’s motion to strike out the parts of the reply pertaining to the special pleas and in admitting evidence to sustain such pleas. Hamilton v. Wright’s Admr., 28 Mo. 199, 24 Cyc., 1057; Boone v. Stover, 66 Mo. 430; Beiger v. Wells, 110 App. 166; Ream v. Kolkschneider, 21 Mo.
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Appeal from Jackson Circuit Court. — Hon. James H. Slover, Judge. (1) The court erred in overruling the defendant’s motion to strike out the parts of the reply pertaining to the special pleas and in admitting evidence to sustain such pleas. Hamilton v. Wright’s Admr., 28 Mo. 199, 24 Cyc., 1057; Boone v. Stover, 66 Mo. 430; Beiger v. Wells, 110 App. 166; Ream v. Kolkschneider, 21 Mo. App. 538; Hughes v. Hord, 50 Mo. 350; L’Hussier v. Zullee, 24 Mo. 13; Shoemaker v. Crawford, 82 Mo. App. 487; Thompson, 309, 315; Witto v. Quinn, 38 Mo. App. 681; Randolph v. Frick, 57 Mo. App. 400; Sill v. Mining…
1Opinion of the CourtJohnson, J.
Action by a lessor against her lessee to recover rent due and unpaid. Plaintiff alleges that the rent of the demised premises for the months of July, August and September, 1907, of $200 per month was not paid by defendant and is due and payable under the terms of the lease. In effect, defendant admits in his answer that he is the lessee of the premises as charged in the petition and that he did not pay the rent in controversy,'but he seeks to justify his action on the ground that he was evicted from a part of the demised premises and being thus deprived of the beneficial enjoyment thereof is…
2Cases cited1 opinion
- Rieger v. WellesMissouri Court of Appeals · 1905
3Cited by1 opinion
- Russell v. PoorMissouri Court of Appeals · 1908