Legal Opinion

Neiner v. Altemeyer

Missouri Court of Appeals

Decided January 5, 1897PublishedCited by 2 opinions

Appeal from the St. Louis City Circuit Court. — Hon. Jacob Klein, Judge. The statement filed must be verified by the affidavit of the landlord or his agent; if not, the justice is without authority to issue a summons or proceed with the cause.

Read the full summary

Appeal from the St. Louis City Circuit Court. — Hon. Jacob Klein, Judge. The statement filed must be verified by the affidavit of the landlord or his agent; if not, the justice is without authority to issue a summons or proceed with the cause. Jaffray v. Claplin, 119 Mo. 117; Whitson’s Fst., 89 Id. 58; Norvell v. Porter, 62 Id. 309; Huthsing v. Maus, 36 Id. 101; Lewin v. Dille et al., 17 Id. 64. Jurisdiction of the subject-matter can not be conferred by the act or consent of parties, and waiver respecting jurisdiction will not be recognized. Gush erg 'v. Schorsenford, 24 Mo. App. 554; Collin…

1Opinion of the CourtBond, J.

This is a landlord’s summons brought as prescribed by statute for the restitution of the possession of a house and lot and for a judgment for arrears of rent. The plaintiffs had judgment before the justice, and defendant appealed to the circuit court, where the case was submitted to the court without a jury. The evidence disclosed that the premises sued for had been leased to defendant for a term beginning on the fifteenth of February, 1893, and ending on the fifteenth of August, 1900, at a yearly rental of $1,200, payable monthly in advance; that defendant was in arrears for rent amounting…

2Cases cited2 opinions

  1. Mooers v. MartinMissouri Court of Appeals · 1886
  2. Mooers v. MartinSupreme Court of Missouri · 1889

3Cited by2 opinions

  1. Hodkinson v. McNeal Machinery Co.Missouri Court of Appeals · 1911
  2. Gaines v. CorningMissouri Court of Appeals · 1984

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API