Stewart v. Dent
Supreme Court of Missouri
Error to St. Louis ■Court of Common Pleas. John Stewart and others instituted a suit, in the nature of an ejectment, against Pope, to recover possession of certain premises in the city of St. Louis, and also damages for the detention thereof. Dent, under whom Pope held as tenant, was admitted as a co-defendant.
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Error to St. Louis ■Court of Common Pleas. John Stewart and others instituted a suit, in the nature of an ejectment, against Pope, to recover possession of certain premises in the city of St. Louis, and also damages for the detention thereof. Dent, under whom Pope held as tenant, was admitted as a co-defendant. A recovery was had by plaintiffs, and the jury assessed the damages sustained by the detention ef the premises, at the sum of one dollar, and the monthly v-alue at $66 66-f. The present suit is instituted to recover the rents received by Dent from Pope prior to the date of the judgment…
1Opinion of the CourtScott, Judge
The record "of the original suit between the parties to this action shows that the plaintiffs claimed damages of the defen*112dant for holding possession of the premises in controversy. Damages were assessed in that action, though for a nominal sum, and the monthly value was found to be $66 66f.
The fourteenth section of the act concerning ejectment provides that, “ if the plaintiff prevail in the action, he shall recover damages for all waste and injury, and by way of damages, the rents and profits, down to the time of assessing the same, or to the time of the expiration of the plaintiff’s title,…
2Cases cited1 opinion
- Garth v. EverettSupreme Court of Missouri · 1852
3Cited by4 opinions
- Roby v. EggersIndiana Supreme Court · 1891
- Hunter v. Delta Realty Co.Supreme Court of Missouri · 1943
- Neher v. ArmijoNew Mexico Supreme Court · 1901
- The Tubal CainDistrict Court, S.D. New York · 1881