Burns v. Patrick
Decision Date | 31 October 1858 |
Parties | BURNS, Respondent, v. PATRICK et al., Appellants. |
Court | Missouri Supreme Court |
1. Where a wrongful entry has been made upon premises in the possession of a tenant, he, and not his landlord, is the proper person to institute and maintain an action of forcible entry and detainer.
2. Where it appears from the face of the record of a cause appealed to the Supreme Court that the plaintiff has no cause of action, the Supreme Court will reverse a judgment rendered in his favor, although the point upon which the reversal takes place was not brought to the attention of the lower court.
Appeal from St. Louis Land Court.
The complaint is in substance as follows: The plaintiff alleges that the defendants, etc.
Todd and A. S. Jones, for appellants.
I. The complaint shows that at the time of the alleged entry the tenants of plaintiff were in possession of the premises. The landlord cannot maintain the action. (24 Mo. 107; 26 Mo. 216.) The instructions given were erroneous.
Gray, for respondent.
I. It is too late to raise the objection that the complaint shows that the plaintiff's tenants, and not the plaintiff, were in possession and were forced out of the premises. (See 4 Mo. 445; 8 Mo. 59; 13 Mo. 455.) The utmost liberality is allowed in the construction of causes of action before justices of the peace. (15 Mo. 442; 16 Mo. 154; 20 Mo. 568; 21 Mo. 13; 24 Mo. 533; 25 Mo. 57; 23 Mo. 407.)
The plaintiff in this action cannot recover on the ground that the defendants wrongfully and without force by disseizin obtained and continued in possession of the premises in dispute after demand made in writing for the deliverance of possession thereof, because there is no proof of any such demand in the bill of exceptions. There is a demand copied among...
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McGrew v. Missouri Pac. Ry. Co.
...provided only that it be good and sufficient in law. Rev. St. 1899, § 602 (Ann. St. 1006, p. 628); Andrews v. Lynch, 27 Mo. 167; Burns v. Patrick, 27 Mo. 434; Syme v. Steamboat, etc., 28 Mo. 335; Weil v. Greene County, 69 Mo. 281; Wells v. Mutual Benefit, 126 Mo. 630, 29 S. W. 607; State ex......
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...of the summons, pleadings, verdict, judgment and decree. ""Emmons v. Gordon, 24 S.W. 146; ""Childs v. Railroad, 23 S.W. 373; ""Burns v. Patrick, 27 Mo. 434; ""Bateson v. Clark, 37 Mo. 31; ""Jones Fuller, 38 Mo. 363; ""Miller v. Davis, 50 Mo. 572; ""Peltz v. Eichele, 62 Mo. 177; ""State v. G......
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McGrew v. Missouri Pacific Ry. Co.
... ... objection may be, provided only that it be good and ... sufficient in law. [R. S. 1899, sec. 602; Andrews v ... Lynch, 27 Mo. 167; Burns v. Patrick, 27 Mo ... 434; Syme v. Steamboat, 28 Mo. 335; Weil v ... Greene County, 69 Mo. 281; Wells v. Mutual ... Benefit, 126 Mo. 630, ... ...
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...trial or in any other way in the trial court, unless the defect is one which is cured by the statute of amendments and jeofails. Burns v. Patrick, 27 Mo. 434; Bateson v. Clark, 37 Mo. 31; Jones v. Tuller, 38 Mo. 363; Miller v. Davis, 50 Mo. 572; Peltz v. Eichele, 62 Mo. 171; State ex rel. v......