Edmonson v. Kite
Supreme Court of Missouri
Appeal from Third District Court. I. An action for the use and occupation of premises will not lie where the relation of landlord and tenant does not exist, founded upon an agreement, express or implied.
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Appeal from Third District Court. I. An action for the use and occupation of premises will not lie where the relation of landlord and tenant does not exist, founded upon an agreement, express or implied. (Cohen v. Kyler, 27 Mo. 122; Hutton v. Powers, 38 Mo. 353.) H. The fourth section of the eleventh article of the constitution of the State of Missouri, adopted in the year 1865, when pleaded, is a complete bar to the prosecution of any suit on account of any act done by the defendant in pursuance of orders received by him from any person vested with military authority. (Smith V. Owen, 42 Mo.…
1Opinion of the CourtBliss, Judge
The plaintiff brings his suit in the Greene County Circuit Court “ for the rent, use, and occupation of a house, the property of the plaintiff.” The defendant filed his answer, which was stricken out, and afterward an amended answer, denying that he rented the room in the petition mentioned from the plaintiff; and further stating that the plaintiff was not in possession of the room when defendant took possession, but that the government authorities had possession of it, because the plaintiff was a rebel; that he was occupying another room in Springfield for a post-office, which the military…
2Cases cited6 opinions
- Cummings v. NoyesMassachusetts Supreme Judicial Court · 1813
- Hood v. MathisSupreme Court of Missouri · 1855
- Osgood v. DeweyNew York Supreme Court · 1816
- Newby v. VestalIndiana Supreme Court · 1855
- Gunn v. ScovilSupreme Court of Connecticut · 1810
1 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Fielder v. ChildsSupreme Court of Alabama · 1883
- Sutton v. ColeSupreme Court of Missouri · 1900
- Tamm v. KelloggSupreme Court of Missouri · 1871
- Mean v. CallisonSupreme Court of Oklahoma · 1911
- State Ex Rel. Kelly v. TrimbleSupreme Court of Missouri · 1923
15 more not listed; retrieve them via the Exa API.