Legal Opinion

Anderson v. McClure

Missouri Court of Appeals

Decided March 5, 1894PublishedCited by 6 opinions

Appeal from the Dunklin Circuit Court. — Hon. John Gr. Wean, Judge. The court erred in sustaining the demurrer. Kane v. Daucrnheim, 51 Mo. App. 635. The complaint is sufficient. It alleges that defendant’s term ended at a time certain, and no demand was necessary. R. S. 1889, sec. 5089; Witte v. Quinn, 38 Mo. App. 681; Kydev. Goldsby, 25 Mo. App. 29; Silvey v. Summer, 61 Mo. 253.

1Opinion of the CourtBond, J.

— The plaintiff filed a'complaint before a justice of the peace for an unlawful detainer of the premises therein described, which, omitting the formal parts, is as follows, to wit:

“Josie H. Anderson, the plaintiff herein, complains of Bent McClure, the defendant, and says that on the first day of January, 1891, she leased to one M. M. Melton, the following described lands, situated in Dunklin county, Missouri, to wit:
“The northeast quarter of the northeast quarter of section number five (5), township number sixteen (16), range nine (9) east, for a term of one year.
“That afterwards, on the…

2Cases cited3 opinions

  1. Witte v. QuinnMissouri Court of Appeals · 1890
  2. Hyde v. GoldsbyMissouri Court of Appeals · 1887
  3. Kane v. DauernheimMissouri Court of Appeals · 1892

3Cited by6 opinions

  1. Gary Realty Co. v. KellySupreme Court of Missouri · 1919
  2. Ray v. BlackmanMissouri Court of Appeals · 1906
  3. Kilbourne v. ForesterMissouri Court of Appeals · 1970
  4. Federal National Mortgage Ass'n v. WilsonMissouri Court of Appeals · 2013
  5. Bierkenkamp v. BierkenkampMissouri Court of Appeals · 1901

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