Kamerick v. Castleman
Missouri Court of Appeals
Appeal from Cooper Circuit Court, Hon. E. L. Edwaeds, Judge. The case is sufficiently stated in the opinion of the court. I. The statement before the justice in the case of Castleman v. Kamerick, under the landlord and tenant act, conformed to the statute. Bev. Stat., sec. 3098. The justice had jurisdiction to render judgment for the rent and possession of the premises. Freeman on Judg. [3 Ed.] sec. 517. II.
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Appeal from Cooper Circuit Court, Hon. E. L. Edwaeds, Judge. The case is sufficiently stated in the opinion of the court. I. The statement before the justice in the case of Castleman v. Kamerick, under the landlord and tenant act, conformed to the statute. Bev. Stat., sec. 3098. The justice had jurisdiction to render judgment for the rent and possession of the premises. Freeman on Judg. [3 Ed.] sec. 517. II. The constable, in executing the writ of posses-, sion, does not become a trespasser by reason of any irregularity in the judgment. Sanders v. Bains, 10,Mo. 770; Higden v. Conway, 12 Mo.…
1Opinion of the CourtPhilips, P. J.
This cause was here on appeal, and is reported in 23 Mo. App. 481. The judgment was reversed and the cause remanded. On its return to the circuit court, the defendant, Castleman, filed amended answer, as was held he might do, setting up a counterclaim, alleging various breaches on the part of plaintiff of the contract of lease. The plaintiff again recovered judgment, and defendants have again appealed. Various errors are assigned as grounds of reversal.
I. The principal contention is to have this court reconsider its former decision, in holding that defendants could be made liable as…
2Cases cited10 opinions
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