Missouri Lumber & Mining Co. v. Zeitinger
Missouri Court of Appeals
Appeal from the Wayne Circuit Court. — Hon. John. L. Thomas, Judge. (1) There was no evidence that the defendant cut and removed, or caused to be cut or removed, any part of the timber described in plaintiff’s petition, and there was no evidence that plaintiff was in the actual or constructive possession of the land from which the timber was alleged to have been cut and removed.
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Appeal from the Wayne Circuit Court. — Hon. John. L. Thomas, Judge. (1) There was no evidence that the defendant cut and removed, or caused to be cut or removed, any part of the timber described in plaintiff’s petition, and there was no evidence that plaintiff was in the actual or constructive possession of the land from which the timber was alleged to have been cut and removed. Cochrane ■v. Whitesides, 34 Mo. 417; Brown v. Hartzell, 87 Mo. 564; Lindenbower v. Bentley, 86 Mo. 515; Hill v. Million, 9 Mo. App. 599; Führer v. Lengford, 11 Mo. App. 286. (2) The amount and value of the timber…
1Opinion of the CourtRombatjek, P. J.
— This is an action to recover treble damages for trespass in cutting timber on plaintiff’s' lands. Upon the trial it appeared that the defendant committed the trespass, if there was one, while he was claiming title to the lands in good faith, whereupon the court limited plaintiff’s recovery to-single damages. The jury found a verdict for the plaintiff in the sum of $67, and from the judgment entered thereon the defendant prosecutes this appeal.
The appeal was taken August 8, 1890, with leave to-defendant to file his bill of exceptions on or before the following September 1. The bill of…
2Cases cited2 opinions
- Fitch v. GosserSupreme Court of Missouri · 1873
- Watts v. LoomisSupreme Court of Missouri · 1883
3Cited by4 opinions
- Barnhart v. RipkaMissouri Court of Appeals · 1956
- Hernandez v. PrietoSupreme Court of Missouri · 1942
- Barber Asphalt Paving Co. v. FieldMissouri Court of Appeals · 1913
- Harris v. SconceMissouri Court of Appeals · 1896