Hubbard v. Quisenberry
Missouri Court of Appeals
Error to Cooper Circuit Court. — Hon. E. L. Edwards, Judge. The case is stated in the opinion. (1) The cause of action stated in the original complaint filed before the justice, was for “use and occupation.” It in no manner showed that the relation of landlord and tenant existed.
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Error to Cooper Circuit Court. — Hon. E. L. Edwards, Judge. The case is stated in the opinion. (1) The cause of action stated in the original complaint filed before the justice, was for “use and occupation.” It in no manner showed that the relation of landlord and tenant existed. The statute (Laws of 1883, p. 104) requires in this kind of a suit .in justices’ courts that the plaintiff must state his cause of action in writing, differing in this regard from most suits instituted before justices of the peace. Defendant in error could not have recovered upon the original complaint, as it stated…
1Opinion of the CourtRamsay, J.
— A judgment rendered in this suit in the Morgan county circuit court in favor of W. T. Hubbard, the defendant in error herein, was, on November 21, 1887, by the decision of this court, reversed and remanded. Hubbard v. Quisenberry, 28 Mo. App. 20. The amended petition, upon which the cause was tried, alleged substantially that, on the first day of March, 1885, plaintiff was the owner of an undivided fifteen-sixteenths interest in certain lands situated in Morgan •county; that the defendant entered into possession of said land and occupied the same as the tenant of the plaintiff and under an…
2Cases cited18 opinions
- Scovill v. GlasnerSupreme Court of Missouri · 1883
- State v. MarshallSupreme Court of Missouri · 1865
- Jones v. ManlySupreme Court of Missouri · 1875
- State v. WallSupreme Court of Missouri · 1851
- Jefferson City v. OpelSupreme Court of Missouri · 1878
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3Cited by5 opinions
- Wilson v. ScottMissouri Court of Appeals · 1892
- Kane v. DauernheimMissouri Court of Appeals · 1892
- Parsons v. John L. Clark & Co.Missouri Court of Appeals · 1903
- Gilfillan v. McCrillisMissouri Court of Appeals · 1900
- Midland Elevator Co. v. Cleary & HamiltonMissouri Court of Appeals · 1898