Holliday v. Jackson
Missouri Court of Appeals
Appeal from the Butler County Circuit Court, Georg-e H. Benton, Special Judge. The amended petition is in effect a new action. Buel v. St. Louis Transfer Company, 45 Mo. .526; Scoville v. Glasner, 79 Mo. 449; Story’s Eq. PI. -sect. 904. The words wilfully, intentionally, wrongfully, or words of similar import should have been in the instruction.
Read the full summary
Appeal from the Butler County Circuit Court, Georg-e H. Benton, Special Judge. The amended petition is in effect a new action. Buel v. St. Louis Transfer Company, 45 Mo. .526; Scoville v. Glasner, 79 Mo. 449; Story’s Eq. PI. -sect. 904. The words wilfully, intentionally, wrongfully, or words of similar import should have been in the instruction. Schmidt v. Denmore, 42 Mo. 225 ; The State v. Newlcirlc, 49 Mo. 84. The defendants had a right under a general denial to attack the title set up by the plaintiffs. Greenway v. James, 34 Mo. 326. The list of swamp lands showed title in Stoddard county…
1Opinion of the Court
Thompson, J.,
delivered the opinion of the court., This action ivas originally brought on the twenty-third day of November, 1881, by the plaintiff Holliday, as administrator of the estate of Louis V. Bogy, deceased, and by the other plaintiffs joining with him as heirs at law of Louis Y. Bogy, deceased, to recover damages for the trespass of cutting and carrying away timber from certain lands, of which it was alleged the said Louis Y. Bogy, in his lifetime was the owner, and of which the plaintiffs were, at the time of the taking, the owners. On the twenty-fourth of September, 1883, the…
2Cases cited9 opinions
- Scovill v. GlasnerSupreme Court of Missouri · 1883
- McMannus v. LeeSupreme Court of Missouri · 1869
- Walther v. WarnerSupreme Court of Missouri · 1858
- Henry v. LoweSupreme Court of Missouri · 1880
- Allred v. BraySupreme Court of Missouri · 1867
4 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Anderson v. Union Terminal RailroadSupreme Court of Missouri · 1901
- City of Kansas v. HartSupreme Court of Kansas · 1899
- La Floridienne, J. Buttgenbach & Co., Societe Anonyme v. Atlantic Coast Line Railway Co.Supreme Court of Florida · 1912
- Hunter Land & Development Co. v. Caruthersville Stave & Heading Co.Missouri Court of Appeals · 1928
- Leeser v. BoekhoffMissouri Court of Appeals · 1888
9 more not listed; retrieve them via the Exa API.