Emerson v. Beavaus
Supreme Court of Missouri
ERROR TO PIKE CIRCUIT COURT. S3t, It is submitted that the first count is based upon the statute. R. S. 1068 title trespass. 2d. It concludes, contra formam statnti, and in addition offence is brought within the terms of the statute. Lowe and Forsythe vs. Harrison 8 Mo. Rep, 850; 1 Chetty 356; Beeltman vs. Chalmer 1 Cowen 685; 8 John 345. 3d.
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ERROR TO PIKE CIRCUIT COURT. S3t, It is submitted that the first count is based upon the statute. R. S. 1068 title trespass. 2d. It concludes, contra formam statnti, and in addition offence is brought within the terms of the statute. Lowe and Forsythe vs. Harrison 8 Mo. Rep, 850; 1 Chetty 356; Beeltman vs. Chalmer 1 Cowen 685; 8 John 345. 3d. The verdict being found on this statutory count, the circuit court had no alternative, but to treble the damages, unless the evidence disclosed facts from whicli it could be inferred that defendant had probable cause to believe that the land was his own.…
1Opinion of the Court
Judge Birch
delivered the opinion of the court*
In this case, the circuit court put its declension to treble the damages which were found upon a statutory count in trespass “ On the ground, and for the reason that from the evidence the defendant had probable cause to believe that he was cutting on public land, and not on private property, and therefore not within the spirit of the statute.” We think otherwise, and that the only reason which should be entertained in extenuation of such a trespass, should be in the words of the statute— namely, that the land or the thing was “his own.’’
For this…
2Cited by1 opinion
- Lindell v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1857