Acks v. Ball
Supreme Court of Missouri
ERROR to St. Louis Circuit Court. 1. That each count of the amended declaration in this causéis in force ex delicto-. 1 Ghitty Plead., 166, 167. 2. That by sec. 11, of the act concerning costs, p. 243, Rev. Code of 1845, the recovery of any damages by the plaintiff entitles him to costs if the damages chimed in the declaration showed the court to have jurisdiction of the cause. 3, The damages claimed in this case (two hundred dollars) gave jurisdiction to the circuit court.
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ERROR to St. Louis Circuit Court. 1. That each count of the amended declaration in this causéis in force ex delicto-. 1 Ghitty Plead., 166, 167. 2. That by sec. 11, of the act concerning costs, p. 243, Rev. Code of 1845, the recovery of any damages by the plaintiff entitles him to costs if the damages chimed in the declaration showed the court to have jurisdiction of the cause. 3, The damages claimed in this case (two hundred dollars) gave jurisdiction to the circuit court. Revi. Code of 1845, p. 244, 321. 1. The circuit court was authorized to assess the costs aganst the plaintiff below —…
1Opinion of the CourtBirch, J.
This was an action of trespass on the case, in which all the counts in the amended declaration substantially recited a contract of renting between the parties, in which the plaintiff was to have two-thirds of the crop of oats that he might raise upon the land which he leased of the defendant, and the defendant was to have one third. The wrong complained of, was that the defendant, forcibly and against the will of the plaintiff, entered upon the premises then leased to and cultivated by the defendant, and took and carried away, and converted to his own use, all the crop thus raised.
The damages…
2Cited by4 opinions
- Cable v. McCuneSupreme Court of Missouri · 1858
- Vineyard v. LynchSupreme Court of Missouri · 1885
- Avery & Son v. McClureMississippi Supreme Court · 1908
- Bybee v. IronsMissouri Court of Appeals · 1889