Walser v. Graham
Missouri Court of Appeals
Appeal from the Vernon Circuit Court. — Hon. D. P. Stratton, Judge. (1) The court erred in giving instruction number 2, at the instance of defendant on the question of abandonment: ' First. There is no evidence to support such instruction. Second. It does not give the law of abandonment. To constitute abandonment there must be the concurrence of the intention to abandon, and also an absolute relinquishment of the thing abandoned, so it may be appropriated by the next -comer.
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Appeal from the Vernon Circuit Court. — Hon. D. P. Stratton, Judge. (1) The court erred in giving instruction number 2, at the instance of defendant on the question of abandonment: ' First. There is no evidence to support such instruction. Second. It does not give the law of abandonment. To constitute abandonment there must be the concurrence of the intention to abandon, and also an absolute relinquishment of the thing abandoned, so it may be appropriated by the next -comer. Judsonv. Malloy, 40 Cal. 299, 309; Webster’s Dictionary, “Abandonment;” Bouvier’s Law Dictionary; McGoon v. Anky, 11…
1Opinion of the CourtSmith, P. J.
This is an action of forcible entry and detainer. The evidence contained in the present record does not materially differ from that to. be found in the record of the case when it was previously here. It will, therefore, be sufficient for a correct understanding of the questions raised by the present appeal, to refer to the report of the case in 45 Mo. App. 629.
When the case was here before, the judgment was reversed and the cause remanded because of errors contained in certain instructions given for the defendant. Since then the case has been again tried, resulting in judgment for defendant,…
2Cases cited8 opinions
- Metropolitan Bank v. TaylorSupreme Court of Missouri · 1876
- Overall v. EllisSupreme Court of Missouri · 1866
- Hombs v. CorbinMissouri Court of Appeals · 1889
- May v. LuckettSupreme Court of Missouri · 1871
- Warren v. Ritter & RitterSupreme Court of Missouri · 1848
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3Cited by2 opinions
- Robinson v. RamseyMissouri Court of Appeals · 1915
- Ellis v. StateSupreme Court of Georgia · 1905