House v. Montgomery
Missouri Court of Appeals
Appeal from Andrew Circuit Court, Hon. Henry S. Kelley, Judge. Statement of case by the court. This was a suit brought before a justice of the peace. Upon a trial and judgment in the justice’s court, an appeal was taken by the respondent to the circuit court, where, upon a trial, judgment was had in favor of the respondent. Appellant, after an unsuccessful attempt to get a new trial in said court, brings the case to this court by appeal.
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Appeal from Andrew Circuit Court, Hon. Henry S. Kelley, Judge. Statement of case by the court. This was a suit brought before a justice of the peace. Upon a trial and judgment in the justice’s court, an appeal was taken by the respondent to the circuit court, where, upon a trial, judgment was had in favor of the respondent. Appellant, after an unsuccessful attempt to get a new trial in said court, brings the case to this court by appeal. The statement of cause of action filed before the justice of the peace was as follows : “Plaintiff states that on the fourteenth day of August, A. D. 1882,…
1Opinion of the CourtEllison, J.
The evidence is undisputed that defendant was licensed to go over plaintiff’s land if he would build a quarter of a mile of fence along one side of the way and thereby also enclose plaintiff’s field. That with this understanding defendant did build the fence and afterwards with plaintiff ’ s consent and-undoubtedly because of his having the use of the way, he plants a hedge fence and cultivates it for some years. Defendant’s evidence shows that he used the way for more tba.n ten years continuously.
The case then involves the question of license and the power to revoke on the part of the…
2Cases cited8 opinions
- Ricard v. WilliamsSupreme Court of the United States · 1822
- Baker v. Chicago, Rock Island & Pacific R. R.Supreme Court of Missouri · 1874
- Fuhr v. DeanSupreme Court of Missouri · 1857
- Lane v. MillerIndiana Supreme Court · 1867
- Cook v. Pridgen, Stapler & DunnSupreme Court of Georgia · 1872
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3Cited by18 opinions
- Pitzman v. BoyceSupreme Court of Missouri · 1892
- Jacobs v. BrewsterSupreme Court of Missouri · 1945
- Sanford v. KernSupreme Court of Missouri · 1909
- Gibson v. SharpMissouri Court of Appeals · 1955
- Bunten v. Chicago, Rock Island & Pacific Railway Co.Missouri Court of Appeals · 1892
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