Welch v. Ashby
Missouri Court of Appeals
Appeal from Lincoln Circuit Court. — Hon. Elliott M. Hughes, ' Judge. STATEMENT OE THE CASE. The suit was commenced in a justice’s court for the recovery of the possession of appellant’s farm, for non-payment of rent by respondents, sublessees of the original lessee. Appellant recovered judgment by default before, the justice. The cause was carried to the circuit court by appeal.
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Appeal from Lincoln Circuit Court. — Hon. Elliott M. Hughes, ' Judge. STATEMENT OE THE CASE. The suit was commenced in a justice’s court for the recovery of the possession of appellant’s farm, for non-payment of rent by respondents, sublessees of the original lessee. Appellant recovered judgment by default before, the justice. The cause was carried to the circuit court by appeal. On the trial in the circuit court, appellant offered in evidence the following lease (omitting immaterial portions): “This lease made this sixth day of May, 1898, by and between J. C. Welch of the county of Lincoln…
1Opinion of the CourtBland, P. J.
The proceeding is under sections 4131 and 4133, Revised Statutes 1899, which superseded the common-law remedy by distress for rent. To entitle the landlord to recover in this character of action, it is indispensable that he make demand and also state in his affidavit for his landlord’s warrant the exact amount of rent, in order to give the tenant the opportunity to avoid the suit by payment of the rent demanded. Cook v. Decker, 63 Mo. 328; Vaughn v. Locke, 27 Mo. 290; Moers v. Martin, 23 Mo. App. 654. If the sum demanded is part for rent and part for something else, though the payment for…
2Cases cited8 opinions
- Lathrop & Co. v. ClewisSupreme Court of Georgia · 1879
- Toler v. SeabrookSupreme Court of Georgia · 1869
- Fay v. HolloranNew York Supreme Court · 1861
- Vaughn v. LockeSupreme Court of Missouri · 1858
- Mooers v. MartinMissouri Court of Appeals · 1886
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3Cited by1 opinion
- Tyree v. Midwest Envelope Co.Missouri Court of Appeals · 1924