Sims v. Field
Missouri Court of Appeals
Appeal from Audrain Circuit Court, Hon. Elijah Bobinsoh, Judge. Statement of case by the court. This case has been twice before the Supreme Court. 66 Mo.
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Appeal from Audrain Circuit Court, Hon. Elijah Bobinsoh, Judge. Statement of case by the court. This case has been twice before the Supreme Court. 66 Mo. Ill; 74 Mo. 139. The original petition was as follows: “Plaintiff states that plaintiff was, on the -■ -day of March, 1873, the owner of and in possession of a farm situated in the county of Audrain, and described as the east half of the southeast quarter of section 14, and the west half of the southwest quarter of section 13, all in township 52, range 11, and that the defendants were the owners of, and in possession of, a farm adjoining…
1Opinion of the CourtHall, J.
The original petition was based upon the wrongful removal by defendant of a division fence, made such by the statute, without the statutory notice of the defendant’s intention to remove the same. In order to prove the cause of action alleged in the original petition it was necessary to show a division fence under the statute, the removal of said fence by defendant, and a failure by him to give the statutory notice of his intention to remove said fence. The original petition was in fact founded upon a statutory wrong committed by the defendant. The wrong was a wrong under the statutes and not…
2Cases cited2 opinions
- Scovill v. GlasnerSupreme Court of Missouri · 1883
- Fields v. MaloneySupreme Court of Missouri · 1883
3Cited by7 opinions
- Schwab Clothing Co. v. St. Louis, Iron Mountain & Southern Railway Co.Missouri Court of Appeals · 1897
- Buerstetta v. Tecumseh National BankNebraska Supreme Court · 1899
- Maloney v. Real Estate, Building & Loan Ass'nMissouri Court of Appeals · 1894
- Conkling v. Henry Quellmalz Lumber & Manufacturing Co.Missouri Court of Appeals · 1931
- Wasson v. BolandMissouri Court of Appeals · 1909
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