Gerhart Realty Co. v. Weiter
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Row. Daniel D. Fisher, Judge. (1) The affidavit for appeal from the justice to the circuit court is defective and insufficient. And for this reason the circuit court acquired no jurisdiction of this cause. R. S. 1899, sec. 3371; Hastings v. Hennessey, 52 Mo.
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Appeal from St. Louis City Circuit Court. — Row. Daniel D. Fisher, Judge. (1) The affidavit for appeal from the justice to the circuit court is defective and insufficient. And for this reason the circuit court acquired no jurisdiction of this cause. R. S. 1899, sec. 3371; Hastings v. Hennessey, 52 Mo. App. 172. (2) The change of venue in this ease should have been “awarded to some county in the same, adjoining, or next adjoining circuit convenient to the parties for the trial of the case, and where the causes complained of do not exist.” Failing to do so, the circuit court of the city of St.…
1Opinion of the CourtBland, P. J.
(after stating the facts). — 1. There are quite a multitude of errors assigned by defendant (appellant). The court instructed the jury that defendant ’s tenancy was from month to month and might be terminated by giving thirty days'’ notice in writing to .quit. Defendant contends that this instruction ig*253nored his evidence to the effect that he was holding under a verbal lease for a term of eleven months. It may be granted that plaintiff and defendant, on April 23, verbally agreed that defendant’s term should be for eleven months, yet* his tenancy was from month to month for the reason the term…
2Cases cited4 opinions
- State v. LehmanSupreme Court of Missouri · 1904
- State v. AndersonSupreme Court of Missouri · 1888
- Holthaus v. HartMissouri Court of Appeals · 1880
- State ex rel. Hannon v. WoodsonMissouri Court of Appeals · 1900
3Cited by6 opinions
- State Ex Rel. Kansas City Public Service Co. v. WaltnerSupreme Court of Missouri · 1943
- Hontz v. StateMissouri Court of Appeals · 1978
- State ex rel. Smith-Kernohan Co. v. DabbsMissouri Court of Appeals · 1906
- Haumueller v. AckermannMissouri Court of Appeals · 1910
- Bader v. JonesMissouri Court of Appeals · 1906
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