Schenck v. Stumpf
Missouri Court of Appeals
Appeal from St. Louis Circuit Court. In an action before a justice of the peace, the instrument sued on must be filed with the justice. — Wag.
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Appeal from St. Louis Circuit Court. In an action before a justice of the peace, the instrument sued on must be filed with the justice. — Wag. Stats. 813, sect. 9; Sublett v. Noland, 5 Mo. 516; Lemon v. Cass, 60 Mo. 173. A married woman can make a valid lease of property conveyed to a trustee for her separate use, though the trustee be dead. — Baker v. Hall, 59 Mo. 265 ; Roberts v. Mosely, 51 Mo. 282. The husband and wife must be joined, where the wife is a necessary party. —Boat-mans. Gurry, 25 Mo. 433; Grant s. White, 42 Mo. 285. Estoppel.— Grant s. White, 42 Mo. 285. It was not necessary…
1Opinion of the CourtBakewell, J.
This was an action before a justice of the peace, against William Stumpf, Sr., and two other defendants, for three months’ rent under a written lease. There was judgment against all the defendants before the justice,, and William *382Stumpf, Sr., appealed. On tidal aiiew in the Circuit Court, there was a finding and judgment against defendant and his sureties on the appeal-bond, from which defendant appeals.
The plaintiff introduced in evidence a deed to Lawrence Matthews as trustee, for the sole and separate use of plaintiff, Sarah Schenck; also alease dated May 22, 1876, executed by Sarah…
2Cases cited4 opinions
- Grant v. WhiteSupreme Court of Missouri · 1868
- Boatman v. CurrySupreme Court of Missouri · 1857
- Sublett v. NolandSupreme Court of Missouri · 1839
- Hannibal, Ralls County & Paris Plank Road Co. v. RobinsonSupreme Court of Missouri · 1858
3Cited by4 opinions
- Keyes & Watkins Livery Co. v. FreberMissouri Court of Appeals · 1903
- City of Unionville v. MartinMissouri Court of Appeals · 1902
- Widman v. American Central InsuranceMissouri Court of Appeals · 1905
- Mansur v. LinneyMissouri Court of Appeals · 1912