McFadin v. Rippey
Supreme Court of Missouri
APPEAL from St. Louis Court of Common Pleas. 1st. Appellant contends, that the court below erred in its instructions to the jury: First, Because appellee having failed to go to the jury, on the written lease between him and appellant, and having based his right to recover on the ground of use and occupation, he can recover only so much as the premises were reasonably worth. — Rev. Code, 1835, p. 377, sec. 12. Second, The agreement mentioned in the rejected lease, that…
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APPEAL from St. Louis Court of Common Pleas. 1st. Appellant contends, that the court below erred in its instructions to the jury: First, Because appellee having failed to go to the jury, on the written lease between him and appellant, and having based his right to recover on the ground of use and occupation, he can recover only so much as the premises were reasonably worth. — Rev. Code, 1835, p. 377, sec. 12. Second, The agreement mentioned in the rejected lease, that appellant was to pay appellee so much a-year for the house rented, was not sufficient evidence (in fact, it was no evidence at…
1Opinion of the CourtNapton, J.
This was a suit originally brought by Rippey before a justice of the peace, to recover one month’s rent for a house in St. Louis. An account for this rent, $33 33u, was filed before the justice, and' the suit having been commenced by attachment, a plea in abatement was filed, putting in issue the truth of the affidavit upon which the attachment issued, which was found for the defendant. Upon appeal to the Court of Common Pleas, the plaintiff got a verdict and judgment upon the issue on the plea of abatement, and went to trial upon the main issue in the cause.
The plaintiff proved, by a witness…
2Cases cited2 opinions
- Harrison v. Doe, on the Demise of RappIndiana Supreme Court · 1826
- Buell v. CookSupreme Court of Connecticut · 1824
3Cited by4 opinions
- Dolph v. BarryMissouri Court of Appeals · 1912
- Richardson v. RobinsonSupreme Court of Missouri · 1846
- Teachers Credit Union v. HudsonMissouri Court of Appeals · 1970
- Edmunds v. Missouri Electric Light & Power Co.Missouri Court of Appeals · 1898