Riley v. Pettis County
Supreme Court of Missouri
Appeal from Johnson Circuit Court. — Hon. Noah M. Gtivan, Judge. (1) The defenses in the answer are inconsistent and the motion to compel an election should have been sustained. (2) The court admitted evidence over plaintiff’s objection to show an agreement made by plaintiff and the county court in addition to that shown by the county court record. This is error. What the court did can only be shown by the record and is so shown.
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Appeal from Johnson Circuit Court. — Hon. Noah M. Gtivan, Judge. (1) The defenses in the answer are inconsistent and the motion to compel an election should have been sustained. (2) The court admitted evidence over plaintiff’s objection to show an agreement made by plaintiff and the county court in addition to that shown by the county court record. This is error. What the court did can only be shown by the record and is so shown. County ©. Bishop, 46 Mo. 68; Hippy v. County, 47 Mo. 66; Johnson ©. School District, 67 Mo. 319; Chambers ©. Board of Education, 60 Mo. 370; State ex ret. ©.…
1Opinion of the CourtBlack, J.
The plaintiff leased to Pettis county the second story of a house in Sedalia for a court-room, for two years from the first of May, 1882, at an annual rental of five hundred dollars, payable quarterly. The lease contains this stipulation: “ Said Riley to keep the said room in good repair at his own expense, and during any time that the same shall not be in good condition for comfortable occupation by said county as a courtroom, the said county shall not be liable to pay any rent therefor.” This is a suit to recover rents from February 1, 1883, to the end of the term. There was a verdict and…
2Cases cited4 opinions
- Myers v. . BurnsNew York Court of Appeals · 1866
- Maupin v. Franklin CountySupreme Court of Missouri · 1878
- Reppy v. Jefferson CountySupreme Court of Missouri · 1870
- Dennison v. County of St. LouisSupreme Court of Missouri · 1862
3Cited by8 opinions
- Hill v. CombsMissouri Court of Appeals · 1902
- Bender v. WeberSupreme Court of Missouri · 1913
- Mobile County v. LinchSupreme Court of Alabama · 1916
- Harkreader v. Vernon CountySupreme Court of Missouri · 1909
- Carter v. Reynolds CountySupreme Court of Missouri · 1926
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