Snyder v. Parker
Missouri Court of Appeals
Appeal from the Jasper Circuit Court. — Hon. J. D. Perkins, Judge. (1) Plaintiff is not entitled to recover under this complaint, because there is an attempt to state two causes of action in the complaint. And the complaint charges an unlawful disseizin, without force; while the proof (if anything) is a tenant holding over after notice to quit. R. S. 1889, sec. 5089; Russell v. McCartney, 21 Mo. App. 544; Grreenleaf v. Weakley, 39 Mo.
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Appeal from the Jasper Circuit Court. — Hon. J. D. Perkins, Judge. (1) Plaintiff is not entitled to recover under this complaint, because there is an attempt to state two causes of action in the complaint. And the complaint charges an unlawful disseizin, without force; while the proof (if anything) is a tenant holding over after notice to quit. R. S. 1889, sec. 5089; Russell v. McCartney, 21 Mo. App. 544; Grreenleaf v. Weakley, 39 Mo. App.'191. (2) The complaint is not verified as required by law and gave the court no jurisdiction. Beilly v. Powell, 34 Mo. App. 432; Building Oo. v. Bank, 71…
1Opinion of the CourtGill, J.
STATEMENT. This is an action of unlawful detainer for the possession of a store building in Carthage,which for several years past had been occupied by defendant for saloon purposes. At the trial by the court below, without a jury, plaintiff had judgment and defendant appealed.
In July, 1893, the property was owned by F. W. Chaffee, who then made a written lease thereof to one' Laingor for a term of two years with a privilege of five, stipulating therein that “said second party (Laingor) has the privilege to sub-rent a part of the first story to A. Parker.” The lease also provided that the rent…
2Cases cited4 opinions
- Huling v. RollMissouri Court of Appeals · 1891
- Wiltshire v. TriplettMissouri Court of Appeals · 1897
- Wilson v. St. Louis & San Francisco Railway Co.Missouri Court of Appeals · 1896
- Reilly v. PowellMissouri Court of Appeals · 1889
3Cited by2 opinions
- Boyd v. St. Louis Transit Co.Missouri Court of Appeals · 1904
- Berner v. GebhardtMissouri Court of Appeals · 1901