Tarlotting v. Bokern
Supreme Court of Missouri
Error to Si. Louis City Circuit Court. — Hon.. Gr. W. Ltjbke, Judge. No demand was necessary in this case. It was- a suit in the circuit court where the pleadings were all required to be in writing. It was not set up by way of defence in the answer to plaintiff’s petition that no demand had been made. It was necessary that this should be done before the defendant could avail herself of the objection that no demand had been made.
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Error to Si. Louis City Circuit Court. — Hon.. Gr. W. Ltjbke, Judge. No demand was necessary in this case. It was- a suit in the circuit court where the pleadings were all required to be in writing. It was not set up by way of defence in the answer to plaintiff’s petition that no demand had been made. It was necessary that this should be done before the defendant could avail herself of the objection that no demand had been made. R. S., sec. 1018. But if it be held that a demand was necessary. in this case, and that this is not one of the cases covered by the section of the statute quoted…
1Opinion of the CourtBrace, J.
Action of ejectment; answer, a general denial. The defendant was owner of a life estate in the premises with remainder to her two daughters. She owed the plaintiff three hundred dollars, for which she had given him her note. Plaintiff’s title was a lease, read in evidence, from defendant to plaintiff, dated August 10, 1878, to begin at that time, and end when the rent received should pay the three hundred dollar note due from defendant to plaintiff. No rate of rent was agreed upon, but plaintiff was to sublet the premises for the best price he could get, and was to obtain no more than…
2Cited by10 opinions
- Long v. RuckerMissouri Court of Appeals · 1912
- Buck v. LewisMissouri Court of Appeals · 1891
- Waring v. RogersMissouri Court of Appeals · 1956
- Edwards v. CollinsMissouri Court of Appeals · 1917
- Mullaney v. McReynoldsMissouri Court of Appeals · 1913
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