Hickerson v. City of Mexico
Supreme Court of Missouri
Appeal from, Audrain Circuit Court. I. Defendant’s evidence of a dedication should have been excluded, because it was res adjudicata. (Freem. Judg., §§ 249, 310; Kidgely vs. Stilwell, 27 Mo., 128 ; Edgellvs. Sigerson, 26 Mo., 533; OfEutt vs. John, 8 Mo., 120 ; Bent vs. Stern-berg, 4 Cowan, 559 ; Dunltle vs. Viles, 6 Barb., 515 ; 1 Kern, 420.) II.
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Appeal from, Audrain Circuit Court. I. Defendant’s evidence of a dedication should have been excluded, because it was res adjudicata. (Freem. Judg., §§ 249, 310; Kidgely vs. Stilwell, 27 Mo., 128 ; Edgellvs. Sigerson, 26 Mo., 533; OfEutt vs. John, 8 Mo., 120 ; Bent vs. Stern-berg, 4 Cowan, 559 ; Dunltle vs. Viles, 6 Barb., 515 ; 1 Kern, 420.) II. Plaintiffs evidence as to value of ground, and of what had been submitted and passed upon by the jury in the trespass case should have been admitted. (Soulard vs. City of St. Louis, 36 Mo., 546; Tamm vs. Kellogg, 49 Mo., 118 ; Ereem. Judg., § 273 ;…
1Opinion of the CourtWagner, Judge
The plaintiff applied for and obtained a temporary injunction to restrain the defendant by its agents and servants from committing a trespass upon his property. From the record it appears that the land upon which the alleged trespass was about to be committed, was a traveled road within the corporate limits of the defendant.
Some time prior to the institution of this proceeding, the plaintiff had commenced his action against the defendant for trespass committed upon the same land, in plowing, scraping and digging ditches thereon. In that case he alleged that the land was worth $1,000, and that…
2Cases cited9 opinions
- Packet Co. v. SicklesSupreme Court of the United States · 1867
- Washington, Alexandria, & Georgetown Steam-Packet Co. v. SicklesSupreme Court of the United States · 1861
- Soulard v. City of St. LouisSupreme Court of Missouri · 1865
- Wright v. SalisburySupreme Court of Missouri · 1870
- Spradling v. ConwaySupreme Court of Missouri · 1872
4 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- Hunt v. City of BoonvilleSupreme Court of Missouri · 1877
- City of St. Joseph v. Union Railway Co.Supreme Court of Missouri · 1893
- Ford v. HennessySupreme Court of Missouri · 1879
- Barber Asphalt Paving Co. v. FieldMissouri Court of Appeals · 1906
- Christy v. Great Northern Life InsuranceMissouri Court of Appeals · 1944
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