Clarke v. Thatcher
Missouri Court of Appeals
Appeal from the St. Louis Circuit Court, Boyle, J. 3 Bla. Comm. 220, 221; Knox v. Mayor, 55 Barb. 404 ; Delaney v. Blizzard, 7 Hun, 7; Walker v. Walker, 51 Ga.' 22; Raband v. Frank, 7 Mo. App. 64; Hayden v. Tucker, 37 Mo. 214.. In cities, towns, etc., all tenancies are from month to month, unless there is a written contract, duly signed. Rev. Stats., sect. 3078. A tenancy from year to year is not a continuing tenancy, but recommences every year.
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Appeal from the St. Louis Circuit Court, Boyle, J. 3 Bla. Comm. 220, 221; Knox v. Mayor, 55 Barb. 404 ; Delaney v. Blizzard, 7 Hun, 7; Walker v. Walker, 51 Ga.' 22; Raband v. Frank, 7 Mo. App. 64; Hayden v. Tucker, 37 Mo. 214.. In cities, towns, etc., all tenancies are from month to month, unless there is a written contract, duly signed. Rev. Stats., sect. 3078. A tenancy from year to year is not a continuing tenancy, but recommences every year. The same principle applies to tenancies from month to month. —Tomkins v. Lawrance, 8 Car. & P. 729; Gandy v. Jobber, 5 Best & S. 78. Injunction to…
1Opinion of the CourtThompson, J.
Briefly stated, the petition in this case sets forth, as a cause of action, that the plaintiffs “are, and for a long time have been, tenants and occupiers” of a certain room in a building in the city of St. Louis, as a law office ; that the defendant occupies the lower portion of said building, and also *437•an adjoining building; and that the defendant has erected ■on his premises certain cooking arrangements and kitchens, which emit a stench injurious to the health and possession •of the plaintiffs. The petition prays,for two kinds of relief: damages for the injury complained of, and an…
2Cases cited7 opinions
- Knox v. Mayor of New YorkNew York Supreme Court · 1868
- Van Bergen v. Van BergenNew York Court of Chancery · 1818
- Wynn v. CorySupreme Court of Missouri · 1869
- Jordan v. WoodwardSupreme Judicial Court of Maine · 1854
- Porter v. WithamSupreme Judicial Court of Maine · 1840
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3Cited by3 opinions
- Wagner v. KeplerIllinois Supreme Court · 1951
- Lambur v. YatesCourt of Appeals for the Eighth Circuit · 1945
- Tate v. State Highway CommissionMissouri Court of Appeals · 1932