Walther v. Warner
Supreme Court of Missouri
Error to Cole Circuit Cou/rt. It is deemed unnecessary to set forth the facts more fully than they are set forth in the opinion of the court. I. It was the duty of the court and not of the jury to treble the damages. (See George v. Rook, 7 Mo. 149 ; Lowe & Forsyth v. Harrison, 8 Mo. 352 ; 8 Johns. 347 ; 1 Cow. 175 ; 25 Wend. 422; Warren v. Doolittle, 5 Cow. 684.) II.
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Error to Cole Circuit Cou/rt. It is deemed unnecessary to set forth the facts more fully than they are set forth in the opinion of the court. I. It was the duty of the court and not of the jury to treble the damages. (See George v. Rook, 7 Mo. 149 ; Lowe & Forsyth v. Harrison, 8 Mo. 352 ; 8 Johns. 347 ; 1 Cow. 175 ; 25 Wend. 422; Warren v. Doolittle, 5 Cow. 684.) II. There is nothing in the pleadings or evidence setting up any defence on the ground that defendants had probable cause to believe that the land on which the alleged trespasses were committed and the things injured and carried away…
1Opinion of the CourtNapton, Judge
The only point in this case is made upon the refusal of the circuit court to treble the damages found by the jury. The petition set forth that the defendant, without leave, and wrongfully, entered Upon a certain tract of land, which is described, of which the plaintiff was owner, and cut down and destroyed timber growing on it of the value of five hundred dollars, and destroyed rails of the value of thirty dollars, and dug up and carried away clay, soil, &c., to the value of five hundred dollars. The petitioner averred that the land upon which these trespasses were committed was not the…
2Cited by17 opinions
- State Ex Rel. Smith v. GreeneSupreme Court of Missouri · 1973
- Curlee v. DonaldsonMissouri Court of Appeals · 1950
- Clay v. Missouri Highway & Transportation CommissionMissouri Court of Appeals · 1997
- County of Kane v. Elmhurst National BankAppellate Court of Illinois · 1982
- Henry v. LoweSupreme Court of Missouri · 1880
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