Hyde v. Goldsby
Missouri Court of Appeals
Appeal from Chariton. Circuit Court, How. Gr. D. Burgess, Judge. The case is stated in the opinion. I. Revised Statutes, section 2458, does not preclude the party claiming to have made written demand for possession from proving that such demand was made by evidence other than the officer’s return, or by affidavit to the return. That section only makes such .returns prima facie evidence of the facts therein stated.
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Appeal from Chariton. Circuit Court, How. Gr. D. Burgess, Judge. The case is stated in the opinion. I. Revised Statutes, section 2458, does not preclude the party claiming to have made written demand for possession from proving that such demand was made by evidence other than the officer’s return, or by affidavit to the return. That section only makes such .returns prima facie evidence of the facts therein stated. The evidence here shows that defendant did actually receive the notice, which he admitted, and so the provisions of the statute were substantially complied with, and the evidence,…
1Opinion of the CourtPhilips, P. J.
This action was instituted in a justice’s court for unlawful detainer of eighty acres of land. On application of defendant the cause was removed, by certiorari, to the circuit court. The complaint is in exact form for a wrongful entry without force. After alleging that plaintiff had held possession for a given time, it avers “ that the defendant, wrongfully and with *32out force, by disseisin, obtained and continued in the possession of the said premises, after demand made, in writing, for the delivery of the possession thereof.”
At the hearing in the circuit court, the plaintiff, in order to…
2Cases cited10 opinions
- Madison County Bank v. Suman's AdministratorSupreme Court of Missouri · 1883
- De Graw v. PriorSupreme Court of Missouri · 1873
- Pearson v. LovejoyNew York Supreme Court · 1866
- Silvey v. SummerSupreme Court of Missouri · 1875
- Smith's Administrator v. RollinsSupreme Court of Missouri · 1857
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3Cited by10 opinions
- Hartt v. HarttWyoming Supreme Court · 1956
- Conway v. CampbellMissouri Court of Appeals · 1889
- Allen v. HarnettSupreme Court of Missouri · 1893
- Anderson v. McClureMissouri Court of Appeals · 1894
- Carstensen v. HansenUtah Supreme Court · 1944
5 more not listed; retrieve them via the Exa API.