Donnell v. Stephens
Supreme Court of Missouri
jError to De Kalb Circuit Court.' We are aware that almost the very question presented by the record in this case has been before and passed upon by this court since this case was brought to this court; but as we think the principle involved in this case is somewhat different from the one decided, and as we think, under what seems to be the ruling of the court in the case referred to, (if said ruling should govern this case) the hardship and injustice done the plaintiff…
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jError to De Kalb Circuit Court.' We are aware that almost the very question presented by the record in this case has been before and passed upon by this court since this case was brought to this court; but as we think the principle involved in this case is somewhat different from the one decided, and as we think, under what seems to be the ruling of the court in the case referred to, (if said ruling should govern this case) the hardship and injustice done the plaintiff would be apparent, and in conflict with what seems to us to be the clear intention of the Legislature in such cases. We do…
1Opinion of the CourtBay, Judge
This was a suit by a landlord against, his tenant to recover a year’s rent of the demised premises, and was brought by attachment under the provisions of the general act relating to landlords and tenants. At the return term the defendant appeared and moved the court to dismiss the suit, upon the ground that at the time of the institution thereof, he was a citizen of this State, and engaged in the military service of the United States, and is still so engaged. Upon due proof being made thereof, the court sustained the motion and dismissed the suit, whereupon the plaintiff excepted and appealed.
2Cases cited1 opinion
- Bruns v. CrawfordSupreme Court of Missouri · 1864
3Cited by2 opinions
- Piper v. AldrichSupreme Court of Missouri · 1867
- Reed v. WanglerSupreme Court of Missouri · 1870