Stephenson v. Jones
Missouri Court of Appeals
Appeal from tbe Lincoln Circuit Court.—Hon. Elliott M. Hughes, Judge. (1) Tbe whole case would seem to turn on tbe question as to whether or not tbe appeal by tbe plaintiff from tbe judgment in the case on its merits took up tbe whole case for a trial anew in tbe circuit court, so as to enable tbe defendant to file his plea in abatement in that court and try an issue in the circuit court, which was never presented in the justice’s court, and on which a judgment had been…
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Appeal from tbe Lincoln Circuit Court.—Hon. Elliott M. Hughes, Judge. (1) Tbe whole case would seem to turn on tbe question as to whether or not tbe appeal by tbe plaintiff from tbe judgment in the case on its merits took up tbe whole case for a trial anew in tbe circuit court, so as to enable tbe defendant to file his plea in abatement in that court and try an issue in the circuit court, which was never presented in the justice’s court, and on which a judgment had been rendered in the justice’s court, and which had never been appealed from. We think that under the amendment of 1891, page 45,…
1Opinion of the CourtBland, P. J.
After the appeal herein was perfected S. J. Stephenson died testate and the suit has been revived in the name of W. R. Stephenson, the executor of his estate.
This is an action by attachment for the recovery of rent under the' Landlord and Tenant Act, and was originally instituted before a justice of the peace.
The complaint was filed before the justice on July 23, 1898, and stated that plaintiff had rented to defendant nine acres of land to be seeded to wheat in the fall of 1897, and that defendant was to- pay plaintiff as rent therefor one-third of the wheat delivered in the shock. That…
2Cases cited7 opinions
- Garrett v. GreenwellSupreme Court of Missouri · 1887
- Franse v. OwensSupreme Court of Missouri · 1857
- County of Boone v. CorlewSupreme Court of Missouri · 1831
- Hazeltine v. ReuschSupreme Court of Missouri · 1872
- Munday v. ClementsSupreme Court of Missouri · 1875
2 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Hughes v. Chicago, Indianapolis & Louisville Railway Co.Indiana Court of Appeals · 1912