Sligo Furnace Co. v. Dalton
Court of Appeals for the Eighth Circuit
In Error to the District Court of the United States for the Eastern District of Missouri; David P. Dyer, Judge. Action at law by Richard P. Dalton against the Sligo Furnace Company. Judgment for plaintiff, and defendant brings error. This was an action of trespass for willfully cutting timber on the lands of the defendant in error, asking treble damages under the statutes of the state of Missouri.
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In Error to the District Court of the United States for the Eastern District of Missouri; David P. Dyer, Judge. Action at law by Richard P. Dalton against the Sligo Furnace Company. Judgment for plaintiff, and defendant brings error. This was an action of trespass for willfully cutting timber on the lands of the defendant in error, asking treble damages under the statutes of the state of Missouri. For convenience the parties will be referred to as they were in the court below — the defendant in error as the plaintiff, and the plaintiff in error as the defendant. It appears from the petition…
1Opinion of the CourtTrieber, District Judge
(after stating the facts as above). [1,2] That an action at law may not be maintained by one tenant in common for a trespass on realty is well settled. 15 Enc. Pl. & Pr. 544; 21 Enc. Pl. & Pr. 805, 1 Corp. Juris, 1120; 1 Rul. Case Law, 342; Cochran v. Brannan (D. C.) 196 Fed. 219, 222. And this rule prevails in the state of Missouri. Muldrow v. Railway Co., 62 Mo. App. 431; Lumerate v. Railroad Co., 149 Mo. App. 47, 130 S. W. 448. In fact this rule of law is not seriously questioned by the learned counsel for defendant in error. But it is claimed that it is the settled rule of law of the…
2Cases cited13 opinions
- Indianapolis & St. Louis Railroad v. HorstSupreme Court of the United States · 1876
- Southern Pacific Co. v. DentonSupreme Court of the United States · 1892
- Teal v. WalkerSupreme Court of the United States · 1884
- Mexican Central Railway Co. v. PinkneySupreme Court of the United States · 1893
- Paddock v. SomesSupreme Court of Missouri · 1890
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3Cited by2 opinions
- Burke Grain Co. v. St. Paul-Mercury Indemnity Co.Court of Appeals for the Eighth Circuit · 1938
- Gibson Canning Co. v. American Can Co.District Court, E.D. Illinois · 1932