Withnell v. Petzold
Supreme Court of Missouri
Appeal from St. Louis City Circvit Court. — Hon. L. B. Valliant, Judge. (1) The premises in question contained buildings, and Petzold’s tenancy under the statute was, therefore, from month to month. R. S. 1889, sec. 6371. First.
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Appeal from St. Louis City Circvit Court. — Hon. L. B. Valliant, Judge. (1) The premises in question contained buildings, and Petzold’s tenancy under the statute was, therefore, from month to month. R. S. 1889, sec. 6371. First. The doctrine of an implied tenancy from year to year has its origin in the desire to protect farmers who have planted their crops. 1 Wood on Land. & Tenant [ 2 Ed. ] secs. 21, 22, p. 93, and notes ; 1 Taylor on Land. & Tenant [ 8 Ed. ] sec. 55, and note 3. Second. The statute in question was passed to correct the evils which had grown out of the adoption of the…
1Opinion of the CourtShekwood, P. J.
— Action brought October, 1884, before a justice of the peace for unlawful detainer of a piece of property situated in the city of St. Louis, known as Concordia Park, consisting of about nine acres of *411land, covering two city blocks. The plaintiff had judgment before the justice, but defendant appealed to the circuit court, where the cause was tried three times.
At the first trial the court instructed the jury to find for the plaintiff, which was done, and on an appeal to the court of appeals the judgment was reversed and the cause remanded; thereafter the circuit court tried the cause twice on…
2Cases cited1 opinion
- Withnell v. PetzoldMissouri Court of Appeals · 1885
3Cited by4 opinions
- Weil v. WillardMissouri Court of Appeals · 1893
- Kroeger v. BohrerMissouri Court of Appeals · 1906
- Combs v. Midland Transfer Co.Missouri Court of Appeals · 1894
- Koken Iron Works v. KinealyMissouri Court of Appeals · 1900