Hinniger v. Trax
Missouri Court of Appeals
Appeal from the Livingston Circuit Court. — Hon. E. J. Bboaddus, Judge. (1) The complaint in this cause fails to state facts sufficient in law to constitute a cause of action.
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Appeal from the Livingston Circuit Court. — Hon. E. J. Bboaddus, Judge. (1) The complaint in this cause fails to state facts sufficient in law to constitute a cause of action. The complaint in direct terms alleges that both parties were in possession of-the land at the same time, on the nineteenth day of June, 1894. The complaint does not follow the forms prescribed on page 2262, Revised Statutes of Missouri, 1889, form number 145. (2) The court committed error in admitting in evidence the so-called demand for the possession. There was no return on the same showing a legal and valid service…
1Opinion of the CourtQ-ill, J.
This is an action of unlawful detainer to recover the possession of fifteen acres of land. The sworn complaint, in substance, alleges, that on and prior to June 19,1894, plaintiff was in possession of the land, and that on that day ‘’‘the defendant wrongfully and without force by disseizin obtained possession of said premises, and has ever since held and continues to hold possession thereof wrongfully and unlawfully after demand made in writing for the delivery of the possession thereof.” The rental value is alleged and judgment of restitution and for damages asked. On a trial by the court…
2Cases cited4 opinions
- Miller v. NorthupSupreme Court of Missouri · 1872
- Bradley v. WestSupreme Court of Missouri · 1875
- Powell v. DavisSupreme Court of Missouri · 1873
- Scott v. AllenbaughMissouri Court of Appeals · 1892
3Cited by3 opinions
- Hart v. CoxCalifornia Supreme Court · 1915
- Robinson v. RamseyMissouri Court of Appeals · 1915
- Associates Discount Corp. v. IsgriggsMissouri Court of Appeals · 1968