Legal Opinion

Bircher v. Parker

Supreme Court of Missouri

Decided March 15, 1869PublishedCited by 6 opinions

Jippeal from St. Louis Circuit Court. Respondent was tenant under appellant of a lot and building situated on the west side of Fifth street, between Olive and Locust streets, in the city of St. Louis.

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Jippeal from St. Louis Circuit Court. Respondent was tenant under appellant of a lot and building situated on the west side of Fifth street, between Olive and Locust streets, in the city of St. Louis. The written lease, under which the respondent held, was made by King and Bigelow (who were then the owners of^he property), and bears date January 2, 1861, and was for the term of one year from February 1, 1861. The respondent held over by consent of the lessors ; and in April, 1864, the lessors, by deed, conveyed the premises to the appellant, and assigned their lease to him ; and the…

1Opinion of the CourtCurrier, Judge

When this case was here on a previous occasion (40 Mo. 118), it was held that the erections in question, upon the evidence as then presented, as between these parties, belonged to the defendant, and that he was at liberty to remove them in a reasonable time after the dissolution of the injunction which had been granted therein; and this, although his lease had expired between the granting and dissolution of the injunction. The court below, however, on dissolving the injunction, proceeded to assess the defendant’s damages, and included therein the value, for the purpose of removal, of these…

2Cases cited2 opinions

  1. Buckley v. BuckleyNew York Supreme Court · 1850
  2. Bircher v. ParkerSupreme Court of Missouri · 1867

3Cited by6 opinions

  1. Blake-McFall Co. v. WilsonOregon Supreme Court · 1920
  2. Dryden v. KelloggMissouri Court of Appeals · 1876
  3. Young v. Consolidated Imp. Co.Utah Supreme Court · 1901
  4. Walsh v. SichlerMissouri Court of Appeals · 1886
  5. Kuhlmann v. MeierMissouri Court of Appeals · 1879

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