Kerr v. Simmons
Supreme Court of Missouri
Appeal from St. Louis Court of Appeals. The Supreme Court has jurisdiction of this appeal. 'The recovery of the rent for January was set up as a bar to the whole action, and the answer was insufficient for that ■reason. The claim of the plaintiff being for upwards of $4,000, and the defense interposed not being good in law, how can the jurisdiction of this court be questioned? Clearly, it will be necessary to go outside of the record to •do this.
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Appeal from St. Louis Court of Appeals. The Supreme Court has jurisdiction of this appeal. 'The recovery of the rent for January was set up as a bar to the whole action, and the answer was insufficient for that ■reason. The claim of the plaintiff being for upwards of $4,000, and the defense interposed not being good in law, how can the jurisdiction of this court be questioned? Clearly, it will be necessary to go outside of the record to •do this. The appeal brings up nothing except the sufficiency of the defense made by this “ further answer ” to the whole action. Whatever the court may…
1Opinion of the Court
Philips, C.
The plaintiff, Kerr, sued the defendants on a contract of lease. The pleadings and history of the action, based on the original petition, will appear by reference to the report of the case found in 9 Mo. App. Rep. 376.
On the reversal and remanding of the cause to the circuit court of St. Louis county, the plaintiff filed an amended petition, alleging, substantially, that on the 10th *272day of March, 1873, one Biddle leased certain property in the city of St. Louis to the defendants for a term to end on the 31st day of December, 1878, at the yearly rental of $12,500, payable in monthly…
2Cases cited6 opinions
- Lee v. WatsonSupreme Court of the United States · 1864
- Gray v. BlanchardSupreme Court of the United States · 1878
- Schacker v. Hartford Fire InsuranceSupreme Court of the United States · 1876
- McClurg v. PhillipsSupreme Court of Missouri · 1872
- Saline County v. SappingtonSupreme Court of Missouri · 1876
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3Cited by17 opinions
- Liese v. MeyerSupreme Court of Missouri · 1898
- May v. Jarvis-Conklin Mortgage Trust Co.Supreme Court of Missouri · 1897
- Douglas v. Kansas CitySupreme Court of Missouri · 1898
- McGregor v. PollardSupreme Court of Missouri · 1895
- Anchor Milling Co. v. WalshSupreme Court of Missouri · 1888
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