Legal Opinion

Tackett v. Huesman

Supreme Court of Missouri

Decided March 15, 1854PublishedCited by 5 opinions

Jlppeal from St. Louis Law Commissioner’s Courts This court has held that the statute giving double damages in cases of trepass, does not take from the party the old remedy, and he may pursue which-ever he chooses. Montague v. Papin, 1 Mo. Rep. 544., Papin v. Kuell, 2 ib. 26. No written statement is required, when an action is commenced before a justice for a trespass. Bonahoe v. Campbell, 4 Mo. Rep. 34. In trespass, all are principals.

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Jlppeal from St. Louis Law Commissioner’s Courts This court has held that the statute giving double damages in cases of trepass, does not take from the party the old remedy, and he may pursue which-ever he chooses. Montague v. Papin, 1 Mo. Rep. 544., Papin v. Kuell, 2 ib. 26. No written statement is required, when an action is commenced before a justice for a trespass. Bonahoe v. Campbell, 4 Mo. Rep. 34. In trespass, all are principals. Those who assent to it, after it is done, are equally liable with those who committed it. 6 Mo. Rep. 175. 1. The complaint shows that the trespass was…

1Opinion of the CourtRyland, Judge

Tackett commenced his action against Huesman for a trespass, alleged to have been committed by Huesman on land belonging to said Tackett. The complaint was filed before a justice of the peace in Central township, in St. Louis county, and is as follows :

“ The state of Missouri,) gg “ County of St. Louis, £
“ Enoch Tackett vs. Louis Huesman.
“ Enoch Tackett complains that one Louis Huesman committed, on or about the 25th day of March, 1853, a trespass upon land not his own, to-wit: On the premises of said Tackett, situated in St. Louis county and state of Missouri, by cutting down and carrying…

2Cited by5 opinions

  1. State Ex Rel. Smith v. GreeneSupreme Court of Missouri · 1973
  2. State ex rel. Major v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1912
  3. Holladay-Klotz Land & Lumber Co. v. T. J. Moss Tie Co.Missouri Court of Appeals · 1899
  4. Mishler Lumber Co. v. CraigMissouri Court of Appeals · 1905
  5. State Ex Rel. Smith v. GreeneSupreme Court of Missouri · 1973

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