O'Bannon v. St. Louis & Suburban Railway Co.
Missouri Court of Appeals
Appeal from Dunklin Circuit Court. — Hon. James L. Fort, Judge. (1) Where it is sought to recover treble damages for trespass to land, in the tailing and removal of articles therefrom, it should be alleged in the petition that the defendant had no interest or right in the articles taken or removed, or that the same were taken from lands not his own. One or the other of these allegations is imperative.
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Appeal from Dunklin Circuit Court. — Hon. James L. Fort, Judge. (1) Where it is sought to recover treble damages for trespass to land, in the tailing and removal of articles therefrom, it should be alleged in the petition that the defendant had no interest or right in the articles taken or removed, or that the same were taken from lands not his own. One or the other of these allegations is imperative. Hewitt v. Harvey, 46 Mo. 368. (2) A complaint for trespass under Revised Statutes 1899, sec. 4572, which alleges that the defendant, without leave entered, etc., and carried away, etc., states…
1Opinion of the CourtReyburn, J.
This appeal was perfected in abbreviated form permitted by the statute, and from the appellant’s abstract of record must be gathered the times *318of the events constituting the history of the proceedings had and steps taken. From such source of information it is disclosed, that at the regular May term the motion for new trial was overruled by the circuit court of Dunklin county, on the twenty-second day of May, 1903, and on the same day an affidavit for appeal was presented, the application for appeal granted.and an appeal allowed to this court; on the same day, by orders duly made, the…
2Cases cited6 opinions
- State v. SchuchmannSupreme Court of Missouri · 1896
- Lilly v. MenkeSupreme Court of Missouri · 1894
- South St. Joseph Land Co. v. BretzSupreme Court of Missouri · 1894
- State v. SimmonsSupreme Court of Missouri · 1894
- Pitt v. DanielMissouri Court of Appeals · 1899
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Donnell v. Vigus Quarries, Inc.Missouri Court of Appeals · 1970
- State of Missouri v. JahnkeMissouri Court of Appeals · 1925
- Falloon v. FentonMissouri Court of Appeals · 1914
- Plymell v. MeadowsMissouri Court of Appeals · 1913