Wilson v. Burton
Missouri Court of Appeals
Appeal from Daviess Circuit Court. — Hon. J. W. Alexander, Judge. (1) The judgment can not stand for the reason that the land alleged to have been inclosed was not and is not cultivated land as alleged to be so in plaintiff’s statement.
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Appeal from Daviess Circuit Court. — Hon. J. W. Alexander, Judge. (1) The judgment can not stand for the reason that the land alleged to have been inclosed was not and is not cultivated land as alleged to be so in plaintiff’s statement. Sec. 4573 R. S. 1899. (2) Plaintiff’s action is not within the spirit or meaning of said section 4573. (1) Where the abstract of the appellant does not contain all of the evidence offered at the trial, the-appellate court will not consider the sufficiency of the evidence, nor whether there was or was not any evidence on any given fact. Carpenter v. McDavitt,…
1Opinion of the CourtBroaddus, J.
This is an action under section 4573 Eevised Statutes to recover damages for the voluntary act of the defendant in throwing down and leaving down plaintiff’s fence.
The evidence tended to show that the plaintiff, in order to prevent defendant from using a certain pass-way which he claimed by right of prescription, leased from the owner a certain parcel of land and had either completed or about completed its inclosure with a wire fence when the defendant cut* the wires that constituted said fence and left them down, thereby leaving an opening therein. The case was tried before the judge without…
2Cited by1 opinion
- Sperry v. HurdMissouri Court of Appeals · 1908