Garvey v. Gunther
Missouri Court of Appeals
Appeal from the Jasper Circuit Cou/rt. — Hon. M. G. McGregor, Judge. (1) The court erred in its instructions requiring the jury to return a verdict for the defendants.
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Appeal from the Jasper Circuit Cou/rt. — Hon. M. G. McGregor, Judge. (1) The court erred in its instructions requiring the jury to return a verdict for the defendants. This instruction was evidently given on the theory that, under the rules and regulations admitted in evidence, the plaintiffs had no right to the possession of the lot and shaft, for the reason that the evidence tended to show that they had not worked the lot in accordance with the requirements of the rule, and that they had forfeited their right to the continued possession of the lot. This view, we think, is erroneous, the…
1Opinion of the CourtEllison, J.
This is an action for unlawful detainer. At the close of plaintiffs’ case, defendants *547offered a demurrer to the evidence which was sustained, and plaintiffs appeal.
The evidence puts the case outside the rule governing ordinary actions of unlawful detainer, and the case has for that reason been properly disposed of by the trial court. Thomas N. Davey & Go. were the owners and proprietors of mining lands in Jasper county, and it seems had it laid off into mining lots. These lots and operations upon them were governed by a printed statement or rules posted on the walls of the company’s office as…
2Cases cited1 opinion
- Chynowitch v. Granby Mining & Smelting Co.Supreme Court of Missouri · 1881
3Cited by3 opinions
- Empire Zinc Co. v. FreemanMissouri Court of Appeals · 1898
- Bingo Mining Co. v. FeltonMissouri Court of Appeals · 1899
- Fisher v. DuringMissouri Court of Appeals · 1893