McCartney v. Auer
Supreme Court of Missouri
Error to Kansas City Court of Common Pleas. Altbougb tbe complaint in this cause may be said to be, under a- strict construction of its language, for a forcible entry and a forcible detainer, yet, whether the entry be with or without force, the detainer is unlawful whether maintained with or without force; and the proof, to maintain an action under either section 2 or 3. of chapter 61, Wagner’s Statutes, is, under section 16 of that chapter, p. 645, the same.
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Error to Kansas City Court of Common Pleas. Altbougb tbe complaint in this cause may be said to be, under a- strict construction of its language, for a forcible entry and a forcible detainer, yet, whether the entry be with or without force, the detainer is unlawful whether maintained with or without force; and the proof, to maintain an action under either section 2 or 3. of chapter 61, Wagner’s Statutes, is, under section 16 of that chapter, p. 645, the same. (Wunsch v. Gretel, 26 Mo. 580.) The attornment by Threlkeld to Brown, without the consent of his landlord, waswoid, and Threlkeld still…
1Opinion of the CourtWagner, Judge
This suit was brought before a justice of the peace to recover possession of certain premises in Kansas City. At the trial before the justice the defendant had judgment.' The case was then appealed to the Court of Common Pleas, and after hearing the testimony the court gave an instruction that, upon the. evi*397dence, the plaintiffs could not recover. A nonsuit was then ' taken, and after an unavailing motion to set the same aside, a' writ of error .was sued -out. The evidence adduced at the trial ' shows that the plaintiffs were in possession of the premises by their tenant, and.while- the…
2Cases cited2 opinions
- Rutherford v. UllmanSupreme Court of Missouri · 1868
- Wunsch v. GretelSupreme Court of Missouri · 1858
3Cited by8 opinions
- Pulliam v. BurlingameSupreme Court of Missouri · 1883
- Willis v. StevensMissouri Court of Appeals · 1887
- Trimble v. Lake Superior & Puget Sound Co.Supreme Court of Minnesota · 1906
- Farrar v. HeinrichSupreme Court of Missouri · 1885
- Redman v. PerkinsMissouri Court of Appeals · 1906
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