Ellis v. Whitlock
Supreme Court of Missouri
ERROR to' Clinton Circuit Court. That debtlies for the penalty given in the first section ofthe act concerning trespasses. Statute 1845; Commonwealth vs. Loring, 8 Pick., 370; Ex-parte Brown, 21st Wend., 31(:. 1. That the action of debt will not lie at common la\y for a trespass, such as the one complained of in this case.
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ERROR to' Clinton Circuit Court. That debtlies for the penalty given in the first section ofthe act concerning trespasses. Statute 1845; Commonwealth vs. Loring, 8 Pick., 370; Ex-parte Brown, 21st Wend., 31(:. 1. That the action of debt will not lie at common la\y for a trespass, such as the one complained of in this case. On this point there can be no doubt. 2. That the third section does not give the remedy for any thing but the penalties mentioned in the second section — not for the damages in the first or second section. 3. The declaration is not brought for the trespasses mentioned in…
1Opinion of the CourtScott, J.
This was an action of debt, commenced in January, 1847, by the plaintiff in error against the defendant in error, under the first section of the act entitled “An act to prevent certain trespasses,” approved 10th February, 1845. There was a demurrer to the declaration, which being sustained, the plaintiff sued out a writ of error.
The first section of the above recited act gives treble damages for injuries to trees or for injuring or carrying away stones, ore, gravel, &c., or for cutting down or carrying away grass, grain, See., or for breaking glass in a house. The second section of the said…
2Cited by16 opinions
- Holwerson v. St. Louis & Suburban Railway Co.Supreme Court of Missouri · 1900
- Utley v. HillSupreme Court of Missouri · 1900
- Casey v. St. Louis Transit Co.Missouri Court of Appeals · 1905
- State ex rel. American Manufacturing Co. v. KoelnSupreme Court of Missouri · 1919
- Brown v. Quincy, Omaha & Kansas City RailroadMissouri Court of Appeals · 1917
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