Boatman v. Curry
Supreme Court of Missouri
Appeal from, Kansas City Court of Common Pleas. This was a suit instituted by John Boatman and Elizabeth, his wife, before a justice of the peace, to recover $40, the rent of a farm for six months. The cause was taken by appeal by the defendant Curry to the Kansas city court of common pleas.
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Appeal from, Kansas City Court of Common Pleas. This was a suit instituted by John Boatman and Elizabeth, his wife, before a justice of the peace, to recover $40, the rent of a farm for six months. The cause was taken by appeal by the defendant Curry to the Kansas city court of common pleas. The account filed before the justice was as follows : “ Oliver P. Curry to John Boatman and Elizabeth Boatman, Dr. To one-half year’s rent of farm, at $80 per year — $40.” Before the trial the defendant moved to dismiss the cause because it was founded on a certain lease which had not been filed with the…
1Opinion of the CourtSoott, Judge
There is nothing in the point that the lease was not filed with the justice before suit was brought. The defendant was no party to the lease, and of course it could not be the foundation of an action against him. There is nothing in the record in relation to an assignment of it. Besides, it is no ground for dismissal that the instrument — the foundation of the action — is not filed with the justice; at most, such failure can only cause a continuance, if one is necessary to a fairt rial.
The deed of a married woman may be void; but if it is void *438why insist on its execution being proved ? No…
2Cited by10 opinions
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