Haseltine v. Ausherman
Supreme Court of Missouri
Appeal from Greene Circuit Court. — Hon. W.' F„ Geiger, Judge. (1) The court below erred in admitting evidence-offered by defendant as to what the contract foment was, and that the appellant had promised not to require respondent to pay rent that year, and that respondent when he went to Kansas left property in this state. R. S., sec. 3091; Eluen v. Vineyard, 38 Mo. 447. The-evidence must correspond with the allegations, and be confined to the point in issue.
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Appeal from Greene Circuit Court. — Hon. W.' F„ Geiger, Judge. (1) The court below erred in admitting evidence-offered by defendant as to what the contract foment was, and that the appellant had promised not to require respondent to pay rent that year, and that respondent when he went to Kansas left property in this state. R. S., sec. 3091; Eluen v. Vineyard, 38 Mo. 447. The-evidence must correspond with the allegations, and be confined to the point in issue. State, etc., v. Roberts, 62 Mo. 390; 2 Greenleaf on Evidence, sec. 2. (4 Ed.); Eddy v. Baldwin, 32 Mo. 369 ; Currier v. Lowe, 32 Mo.…
1Opinion of the CourtHenry, C. J.
This suit was instituted in the Greene circuit court for rent, and plaintiff filed, with his petition, an affidavit for attachment under the landlord and tenant act, alleging that Ausherman. refused to pay the rent, and was about- to remove, and was removing his property, including the crop of corn, from the leased premises, and was disposing of the same so as to hinder •and delay plaintiff in collecting his rent. The defendant filed his plea, denying the above statement in the affidavit, and on a trial of the issue on the' plea, defendant had a verdict and judgment, from which plaintiff has…
2Cited by9 opinions
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- Adolff v. Columbia Pretzel & Baking Co.Missouri Court of Appeals · 1903
- Fulkerson v. LynnMissouri Court of Appeals · 1896
- Hubbard v. QuisenberryMissouri Court of Appeals · 1888
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