Schafer v. Roberts
Missouri Court of Appeals
Appeal from Jefferson Circuit Court. — Eon. E. M. Dearing,- Judge. (1) The court should have sustained the objection of the defendant to the introduction of any evidence in this case, it appearing from the pleadings in the case that the debt had been fully sátisfied. Thompson v. Elevator Co., 77 Mo. 520; Murphy v. Smith, 86 Mo. 333; R. S. 1899, sec. 1547; R. S. 1909, sec. 2263. (2) The instruction No. 1 offered by defendant should have been given.
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Appeal from Jefferson Circuit Court. — Eon. E. M. Dearing,- Judge. (1) The court should have sustained the objection of the defendant to the introduction of any evidence in this case, it appearing from the pleadings in the case that the debt had been fully sátisfied. Thompson v. Elevator Co., 77 Mo. 520; Murphy v. Smith, 86 Mo. 333; R. S. 1899, sec. 1547; R. S. 1909, sec. 2263. (2) The instruction No. 1 offered by defendant should have been given. It is admitted by the pleadings and borne out by the proof that no debt was owed by defendant to plaintiff at the time of the trial. Thompson v.…
1Opinion of the CourtReynolds, P. J.
— This action was commenced on the 18th of January, 1909, in the circuit court. Plaintiff also sued out an attachment under the provisions of section 4123, Eevised Statutes 1899, now section 7896, Eevised Statutes 1909. Piling bond, the attachment was duly issued and the defendant’s prop*72erty, consisting of merchandise in his store, levied upon but retained by defendant, who gave a forthcoming bond. The object of-the action was the recovery of rent payable in monthly installments of forty-five dollars each, the first installment falling due February 1, 1909, the second March 1, 1909, the third…
2Cases cited13 opinions
- City of St. Louis v. MeintzSupreme Court of Missouri · 1891
- Carr v. MossSupreme Court of Missouri · 1885
- State ex rel. Clifford v. BeldsmeierSupreme Court of Missouri · 1874
- Thompson v. Union Elevator Co.Supreme Court of Missouri · 1883
- Ellison v. RalstonMissouri Court of Appeals · 1885
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3Cited by5 opinions
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- National Surety Corporation v. FisherSupreme Court of Missouri · 1958
- Connor Realty Co. v. St. Louis Union Trust Co.Missouri Court of Appeals · 1913
- Mengwasser v. TackittMissouri Court of Appeals · 1955
- Johnson v. SpiresMissouri Court of Appeals · 1914