Robinson v. Jones
Supreme Court of Missouri
Error to Carroll Circuit Court. — Hon. E. J. Broaddus, Judge. This was an action for a trespass alleged to have been committed by defendant by entering upon plaintiff’s land and tearing down and removing his fence.
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Error to Carroll Circuit Court. — Hon. E. J. Broaddus, Judge. This was an action for a trespass alleged to have been committed by defendant by entering upon plaintiff’s land and tearing down and removing his fence. Defendant in his answer denied the alleged trespass, and justified upon the ground that he was a road overseer, and was acting as such, and averred that he entered upon plaintiff’s land, and tore away a portion of the fence therefrom in obedience to an order of the township board of Hurricane township, Carroll county, Missouri, having jurisdiction to open roads, and to make such…
1Opinion of the CourtSherwood, C. J.
The demurrer to the answer was well taken. No authority on the part of the township board of Hurricane township to make the order under which the defendant attempted to justify was set forth in the answer. Township organization never existed in this State, except when adopted by the vote of the people of the county. Sess. Acts 1878, p. 97. Consequently, judicial cognizance of such vote having been had and such organization, effected, could not be taken. The answer simply pleads, as a defense to the injury complained of, that it was done by order of the township board of Hurricane township.…
2Cited by5 opinions
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- Burbridge v. Kansas City Cable RailroadCourt of Appeals of Kansas · 1889
- Rousey v. WoodMissouri Court of Appeals · 1892
- Callahan v. DavisSupreme Court of Missouri · 1894