Witte v. Quinn
Missouri Court of Appeals
Error to the Jaclcson Circuit Court. — Iíon. R. EL Field, Judge. (1) The complaint does not state a cause of action. It alleges no demand. R. S. 1879, secs. 2420 and 2423; Farwell v. Easton. 63 Mo. 446. (2) The complaint is not verified by affidavit as required by law.
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Error to the Jaclcson Circuit Court. — Iíon. R. EL Field, Judge. (1) The complaint does not state a cause of action. It alleges no demand. R. S. 1879, secs. 2420 and 2423; Farwell v. Easton. 63 Mo. 446. (2) The complaint is not verified by affidavit as required by law. R. S. 1879, sec. 2423; Burns v. Boyle, 28 Wis. 460; Fletcher v. Keyte, 66 Mo. 285; Sanil v. Bayne, 4 N. T. Sup. 897; Cook v. Stoats, 18 Barb. 407; Lane v. Morse, 6 How. 394; Thompson v. Burnhous, 61 N. Y. 752; Bray v. McClury, 53 Mo. 128; Reilly v. Powell, 34 Mo. App. 431. (3) The judgment is in excess of the ad damnum laid in…
1Opinion of the Court
Gill, J. —
This is an action for unlawful detainer brought by plaintiff Witte against defendant Quinn, to recover a store room on Walnut street, Kansas City, and for damages for detention. On a trial had in the circuit court plaintiff recovered, and defendant has brought the case here by writ of error. In April, 18S6, a Mrs. Staats made a written lease for three years to defendant Quinn, of the premises in dispute; and subsequently in January, 1887, Mrs. Staats assigned the lease to plaintiff Witte, who collected the monthly rental from said Quinn until January 1, 1888, when said tenant…
2Cases cited7 opinions
- Edgerton v. . PageNew York Court of Appeals · 1859
- State v. BrooksSupreme Court of Missouri · 1887
- Royce v. GuggenheimMassachusetts Supreme Judicial Court · 1870
- Doyle v. . LordNew York Court of Appeals · 1876
- Oliver v. DickinsonMassachusetts Supreme Judicial Court · 1868
2 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Ray v. BlackmanMissouri Court of Appeals · 1906
- Dolph v. BarryMissouri Court of Appeals · 1912
- Anderson v. McClureMissouri Court of Appeals · 1894
- Fuller v. RoseMissouri Court of Appeals · 1905
- New State Brewing Ass'n v. MillerSupreme Court of Oklahoma · 1914
10 more not listed; retrieve them via the Exa API.