Early v. Fleming
Supreme Court of Missouri
Error to St. Louis Law Commissioner’s Court. This action was brought under the “ Inclosure” act, R. S. 1845, p. 575. Section 4 of that act clearly permits a person to justify the killing of another’s animals that are trespassing upon his land, upon proving that it was inclosed within a lawful and sufficient fence, and in such case only. The instruction of the court below was, therefore, erroneous.
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Error to St. Louis Law Commissioner’s Court. This action was brought under the “ Inclosure” act, R. S. 1845, p. 575. Section 4 of that act clearly permits a person to justify the killing of another’s animals that are trespassing upon his land, upon proving that it was inclosed within a lawful and sufficient fence, and in such case only. The instruction of the court below was, therefore, erroneous. The testimony introduced by the plaintiff did not sustain or tend to sustain the claim as filed. As the suit was not brought under the act regulating Inclosures, Rev. Stat. of 1845, p. 575, the said…
1Opinion of the CourtGrAftiBliE, Judge
Early sued Eleming before a justice of the peace, and stated his case to be for three hogs, but whether sold to the defendant, or killed, or taken away by the defendant, is not mentioned in the statement. The justice’s docket shows the nature of the demand to be for stock of plaintiff shot by defendant.
The parties having had a trial before the justice, in which the plaintiff succeeded, the defendant appealed to the Law Commissioner. Before the Law Commissioner, a trial was had, which resulted in a verdict and judgment for defendant, from which the plaintiff appealed to this court.
It appeared,…
2Cited by6 opinions
- Strathmann v. GorlaMissouri Court of Appeals · 1883
- Finley v. DyerMissouri Court of Appeals · 1899
- Weese v. BrownMissouri Court of Appeals · 1888
- Glenn v. WearyMissouri Court of Appeals · 1896
- Meyers v. R. C. Greer & Sons Realty Co.Missouri Court of Appeals · 1902
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