Peery v. Gill
Court of Appeals of Kansas
Appeal from, the St. Clair Circuit Court. — Hon. D. P. Steatton, Judge. (1) The paper offered in evidence by the defendants, and under which they seek to justify their action in tearing down the fence,. is neither an order of the county court or any process whatever, and could not protect them from the consequences of their trespass in tearing down plaintiff’s fence.
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Appeal from, the St. Clair Circuit Court. — Hon. D. P. Steatton, Judge. (1) The paper offered in evidence by the defendants, and under which they seek to justify their action in tearing down the fence,. is neither an order of the county court or any process whatever, and could not protect them from the consequences of their trespass in tearing down plaintiff’s fence. (2) The court erred in refusing declarations of law asked by plaintiff' numbered 1, 2, 3, 4, 5 and 6. (3) The court erred in giving declarations of law asked by the defendants. (4) The court erred in giving declarations of law…
1Opinion of the CourtGill, J.
— Plaintiff sued defendants in trespass for having unlawfully entered upon his land and moved his fencing, etc.
*686The defense was interposed in the circuit court, that said fence was moved by defendant Grill and his co-defendants in execution of an order of the county court of St. Clair county, by which order he, as road overseer in that district, was directed to open a road theretofore by said court established.
The defendants, at the trial in the circuit court, introduced the records and county court proceedings concerning the establishing such road, and along with such records and papers…
2Cases cited2 opinions
- Howard v. ClarkSupreme Court of Missouri · 1869
- Brown v. HarrisSupreme Court of Missouri · 1873
3Cited by3 opinions
- Merchant v. BothwellMissouri Court of Appeals · 1895
- Peed v. BarkerMissouri Court of Appeals · 1895
- State v. MillerMissouri Court of Appeals · 1905