Legal Opinion

Cooper v. Maupin

Supreme Court of Missouri

Decided September 15, 1840PublishedCited by 11 opinions

Appeal from the Franklin circuit court. 1st. That the court erred in permitting testimony to go to the jury respecting the number of times the fence had been thrown down, that not being a matter in issue. 2nd. That the court erred in permitting a witness to express his opinion on the comparative practicability of making a road down two different bluffs, the said witness not being an engineer. 3rd.

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Appeal from the Franklin circuit court. 1st. That the court erred in permitting testimony to go to the jury respecting the number of times the fence had been thrown down, that not being a matter in issue. 2nd. That the court erred in permitting a witness to express his opinion on the comparative practicability of making a road down two different bluffs, the said witness not being an engineer. 3rd. That the court erred in refusing the 4th instruction prayed for by the appellant, 3 Kent Comm. 419 424 How-ton v Treason 8 T. R. 50. 4th. That the court erred in refusing the 7th instruction prayed…

1Opinion of the Court

Opinion of the Court by

Napton Judge.

Maupin the appellee sued Cooper in the Franklin Circuit court in an action of trespass quare clausum fregit. The declaration contains three counts. The first count charged, that defendant on a day specified, and cn divers other days from that day until the commencement of this suit, broke *626and entered into a certain close of plaintiff (describing it) and then and there prostrated the fence of plaintiff, of great value, to wit: fifty dollars, and trampled down corn, wheat, oats and grass to the value of ten dollars, and with his cattle depastured and eat up…

2Cases cited2 opinions

  1. Gayetty v. BethuneMassachusetts Supreme Judicial Court · 1817
  2. Pernam v. WeadMassachusetts Supreme Judicial Court · 1806

3Cited by11 opinions

  1. Duff v. MatthewsTexas Supreme Court · 1958
  2. Humes v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1884
  3. Waubun Beach Ass'n v. WilsonMichigan Supreme Court · 1936
  4. Burling v. LeiterMichigan Supreme Court · 1935
  5. Vossen v. DautelSupreme Court of Missouri · 1893

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