Russell v. McCartney
Missouri Court of Appeals
Appeal from Clinton Circuit Court, Hon. GtEORGE W. Dunn, Judge. The case is stated in the opinion. I. The complaint does not state facts sufficient to constitute a cause of action. If framed for an unlawful detainer, under section 2420, Revised Statutes, it should allege a contract and state the time when the term expired. If for a wrongful entry and detainer, as provided for in the second clause of said statute, the entry must have been pleaded.
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Appeal from Clinton Circuit Court, Hon. GtEORGE W. Dunn, Judge. The case is stated in the opinion. I. The complaint does not state facts sufficient to constitute a cause of action. If framed for an unlawful detainer, under section 2420, Revised Statutes, it should allege a contract and state the time when the term expired. If for a wrongful entry and detainer, as provided for in the second clause of said statute, the entry must have been pleaded. In either case the time when the act was done should be stated. Tipton v. Swayne, 4 Mo. 98; Andria v. Heinritz, 19 Mo. 310; Alexander v. Westcott,…
1Opinion of the CourtEllison, J.
— Plaintiff and defendant entered into a ■co-partnership in the livery stable business in the town of Cameron. Plaintiff was the owner of a barn which the firm was to occupy, beginning the occupancy on July the eighth, the rental value being fixed at twenty-five dollars per month, of which defendant was to pay plaintiff $12.50. Defendant was the owner of the stock and “outfit,” and until plaintiff paid him one-half the value thereof, he was to receive ten per cent, interest on one-half the value. The parties do not agree as to the manner in which the barn was held. Defendant denies there was…
2Cases cited2 opinions
- Gunn v. SinclairSupreme Court of Missouri · 1873
- Johnson v. . HartshorneNew York Court of Appeals · 1873
3Cited by4 opinions
- Berner v. GebhardtMissouri Court of Appeals · 1901
- Leahy v. LubmanMissouri Court of Appeals · 1896
- Lewis v. OesterreicherMissouri Court of Appeals · 1891
- Shantz v. ReynoldsMissouri Court of Appeals · 1897