Emory v. Phillips
Supreme Court of Missouri
Appeal from Cape Girardeau Circuit Court. This suit was originally commenced before the New Madrid Circuit Court, whence it was taken by a .change of venue to Cape Girardeau Circuit Court. It was an action by plaintiffs, as trustees of the Methodist Episcopal ehurch south, to recover damages for the alleged removal by the defendant of a meetinghouse belonging, to plaintiffs.
Read the full summary
Appeal from Cape Girardeau Circuit Court. This suit was originally commenced before the New Madrid Circuit Court, whence it was taken by a .change of venue to Cape Girardeau Circuit Court. It was an action by plaintiffs, as trustees of the Methodist Episcopal ehurch south, to recover damages for the alleged removal by the defendant of a meetinghouse belonging, to plaintiffs. The allegations of the petition and answer, so far as they bear upon the decision of this court, are sufficiently set forth in the opinion of the court. The finding of the court is as follows : £t That said defendant,…
1Opinion of the CourtRyland, Judge
The answer of the defendant in this case may be considered as a negative pregnant. There is no denial of his taking away the house as alleged in the plaintiffs’ petition. The plaintiffs charge that the defendant on, See., at &c., “ without leave and wrongfully did enter upon a certain tract or parcel of land, (describing it,) of 'which they were the owners and in possession, and take from the premises a house thereon situated, used and employed as a Methodist meeting-house or church, and carried said house off and away from said premises, to plaintiffs’ damage,” &c.
Defendant denies that he…
2Cases cited1 opinion
- Snell v. OwensSupreme Court of Missouri · 1833
3Cited by1 opinion
- Lamberson v. LongMissouri Court of Appeals · 1896