Humphreys Mercantile Co. v. Walker
Missouri Court of Appeals
Appeal from Jasper Circuit Court. — Eon. David E. Blair, Judge. (1) In a suit by landlord against tbe tenant for a non-payment of rent, one of the grounds of tbe attachment is that tbe rent was due and unpaid at tbe time tbe suit was filed and that demand for payment bad been made before tbe suit was filed.
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Appeal from Jasper Circuit Court. — Eon. David E. Blair, Judge. (1) In a suit by landlord against tbe tenant for a non-payment of rent, one of the grounds of tbe attachment is that tbe rent was due and unpaid at tbe time tbe suit was filed and that demand for payment bad been made before tbe suit was filed. E. S. 1909, sec. 7896. Tbe payment of tbe thirty dollars and costs that bad accumulated up to that time to tbe constable after tbe suit was filed is a conclusive admission not only that she owed tbe thirty dollars, but that she owed tbe costs also. Yoss v. McGuire, 26 Mo. App. 452;…
1Opinion of the CourtCox, J.
This action was begun by attachment before a justice of the peace for rent due upon a building in the city of Webb City.. Plaintiff alleged the debt to be sixty dollars, secured a writ of attachment upon affidavit that the rent was due and unpaid after •demand therefor, and the writ was levied upon certain personal property belonging to defendant and located in the building. Defendant filed a plea in abatement alleging that the amount of rent due was but thirty dollars and tender of that was made before suit and plaintiff had refused to accept it. Defendant was successful in the justice court…
2Cases cited6 opinions
- Landis v. SaxtonSupreme Court of Missouri · 1886
- Hudson Bro's Commission Co. v. Glencoe Sand & Gravel Co.Supreme Court of Missouri · 1897
- Voss v. McGuireMissouri Court of Appeals · 1887
- Knollenberg v. NixonMissouri Court of Appeals · 1903
- Kansas City Transfer Co. v. NeiswangerMissouri Court of Appeals · 1887
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