Haumueller v. Ackermann
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Eon. Daniel Or. Taylor, Judge. (1) Where a case is brought under the second subdivision of the statute and the defendant disclaims being a tenant or denies that plaintiff is his landlord, such act on the part of defendant will not render it necessary for plaintiff to prove notice or service of the same. The act of defendant in disclaiming tenancy had rendered such proof unnecessary on the pleading of plaintiff.
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Appeal from St. Louis City Circuit Court. — Eon. Daniel Or. Taylor, Judge. (1) Where a case is brought under the second subdivision of the statute and the defendant disclaims being a tenant or denies that plaintiff is his landlord, such act on the part of defendant will not render it necessary for plaintiff to prove notice or service of the same. The act of defendant in disclaiming tenancy had rendered such proof unnecessary on the pleading of plaintiff. Young v. Smith, 28 Mo. 65; Anderson y. McClure, 57 Mo. App. 96; Witte y. Quinn, 38 Mo. App. 681; Hyde v. Goldsby, 25 Mo. App. 29% (2) A…
1Opinion of the CourtNortoni, J.
This is an action of unlawful detainer. At the conclusion of the testimony for plaintiff, the court instructed a verdict for defendant and plaintiff prosecutes the appeal.
It appears defendant was plaintiff’s tenant, occupying a residence in the city of St. Louis from month to month, and plaintiff sought to terminate the tenacy by giving the statutory notice to that end. The court instructed a verdict for defendant on the theory that plaintiff had failed to show the tenancy had been terminated by competent service of the notice required.
The first question for decision, therefore, relates to…
2Cases cited9 opinions
- Doyle v. Kansas City & Southern Railway Co.Supreme Court of Missouri · 1892
- Ryan v. KellyMissouri Court of Appeals · 1880
- State ex rel. Armour Packing Co. v. DickmannMissouri Court of Appeals · 1910
- City of Sedalia v. GallieMissouri Court of Appeals · 1892
- Gerhart Realty Co. v. WeiterMissouri Court of Appeals · 1904
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3Cited by3 opinions
- Watkins v. WattleMissouri Court of Appeals · 1977
- Thompson v. Granite Bituminous Paving Co.Missouri Court of Appeals · 1918
- Aarons v. United StatesCourt of Appeals for the Eighth Circuit · 1952