Finley & Miller v. Magill
Missouri Court of Appeals
Appeal from the Dallas Circuit Court. — Hon. Argus Cox, Judge. The statute is so explicit as to need no construction. Its words are that the unlawful detainer is not committed until a written demand is made for possession. And yet the court instructed the jury that the unlawful detainer was committed from the time the defendant took possession, although demand for possession was not made till nearly two months afterward.
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Appeal from the Dallas Circuit Court. — Hon. Argus Cox, Judge. The statute is so explicit as to need no construction. Its words are that the unlawful detainer is not committed until a written demand is made for possession. And yet the court instructed the jury that the unlawful detainer was committed from the time the defendant took possession, although demand for possession was not made till nearly two months afterward. Sneh a principle generally applied would lead to incalculable hardships and mischief and is not within the scope of the statute. This particular provision of-the statute…
1Opinion of the CourtSmith, P. J.
— Action for damages for unlawful detainer after demand made in writing. The plaintiffs had judgment in the court below and the defendant has appealed. The complaint was based on section 5089, Revised Statutes.
The court by the instructions given for the plaintiffs submitted the case to the jury upon the theory that the damages should be assessed from the time that defendants took possession of the premises and not from the time of the making of the written demand for possession. It seems the defendants took possession in December, 1891, and the demand was not made until the tenth of February,…
2Cases cited1 opinion
- Gibson v. LewisSupreme Court of Missouri · 1858
3Cited by5 opinions
- Rubel-Jones Agency, Inc. v. JonesDistrict Court, W.D. Missouri · 1958
- Aubuchon v. FosterMissouri Court of Appeals · 1919
- Moston v. StowMissouri Court of Appeals · 1902
- Nelson v. AlporteMissouri Court of Appeals · 1912
- Welden Damm v. Myers HinzMissouri Court of Appeals · 1923