Dougherty v. Matthews
Supreme Court of Missouri
Appeal from St. Louis Land Court. The petition was as follows: “ In St. Louis Land Court, October Term, 1861. James S. Dougherty, plaintiff, v. Leonard Matthews, defendant.
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Appeal from St. Louis Land Court. The petition was as follows: “ In St. Louis Land Court, October Term, 1861. James S. Dougherty, plaintiff, v. Leonard Matthews, defendant. Plaintiff, by attorney, states that on the 1st day of August, 1859, one Edward A. Tudor leased of plaintiff, for the term of three years from the said 1st day of August, 1859, the store at the north east corner of Almond and Fourth streets, in St. Louis, Mo., at the yearly rent of four hundred and fifty dollars, payable monthly, in equal sums of 37-!.- dollars, the first payment to be made on the first of September, 1859,…
1Opinion of the CourtHolmes, Judge
The motion in arrest brings up the question of the sufficiency of the petition. The principal grounds of demurrer were these two : 1. That the petition did not state facts sufficient to constitute a cause of action ; and 2. That the court had no jurisdiction of the subject of the action.
1. The cause of action is founded upon a parol contract to pay the rent reserved in a lease from the plaintiff to Edward A. Tudor, for a term of three years from the first day *527of January, 1859, at a yearly rent, payable monthly on the first day of each month thereafter. It is stated that the lease was in…
2Cases cited5 opinions
- Knox v. JenksMassachusetts Supreme Judicial Court · 1811
- Robinson v. RiceSupreme Court of Missouri · 1855
- Adams v. BleckerSupreme Court of Missouri · 1863
- Cook v. ElliottSupreme Court of Missouri · 1864
- Pensenneau v. PensenneauSupreme Court of Missouri · 1855
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- Barber v. HyderNew Mexico Supreme Court · 1948
- Lindsley v. Joseph Schnaide Brewing Co.Missouri Court of Appeals · 1894
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