Herman v. Owen
Missouri Court of Appeals
Appeal from, the DeKalb Circuit Court. — Hon. O. H. S. Goodman, Judge. (1) The court erred in excluding the sheriff ’ s deed from the plaintiff to defendant Owen, for the simple reason that the deed gave the defendant, James 'A. Owen, the right to make a peaceable entry upon the premises, and no other but a peaceable entry is shown by the evidence in the record.
Read the full summary
Appeal from, the DeKalb Circuit Court. — Hon. O. H. S. Goodman, Judge. (1) The court erred in excluding the sheriff ’ s deed from the plaintiff to defendant Owen, for the simple reason that the deed gave the defendant, James 'A. Owen, the right to make a peaceable entry upon the premises, and no other but a peaceable entry is shown by the evidence in the record. (21 The court erred in giving the first instruction prayed by plaintiff, because the same is not supported by any evidence in the record tending to prove either “wantonness or maliciousness” •on the part of defendants, or either of…
1Opinion of the CourtGill, J.
This is an action for double damages for injuries done to the personal property belonging to the plaintiff — the action brought under the provisions of *390section 3928, Revised Statutes, 1879. The suit originated before a justice of the peace, was appealed to the circuit court, tried, and a verdict by jury fixing the damages at twenty-five dollars, followed by the judgment of the court for double the amount. The defendants bring the case here by appeal. The facts shown by the evidence are substantially these : The plaintiff, Greorge Herman, had been in possession and occupying the premises…
2Cited by3 opinions
- Noyes, Norman & Co. v. CunninghamMissouri Court of Appeals · 1892
- Omaha Fire Insurance v. Maxwell, Sharp & Ross Co.Nebraska Supreme Court · 1893
- Hewitt v. PriceMissouri Court of Appeals · 1903