Eastin v. Joyce
Missouri Court of Appeals
'Appeal from the Linn Circuit Court. — Hon. J. P. Butter, Judge. (1) Plaintiff’s own testimony shows that he was not the sole owner or in the exclusive possession of the fence torn down, but that he and Mrs. Howard owned the same as tenants in common and had a common possession. In all such cases it is incumbent to make both tenants in common parties plaintiff.
Read the full summary
'Appeal from the Linn Circuit Court. — Hon. J. P. Butter, Judge. (1) Plaintiff’s own testimony shows that he was not the sole owner or in the exclusive possession of the fence torn down, but that he and Mrs. Howard owned the same as tenants in common and had a common possession. In all such cases it is incumbent to make both tenants in common parties plaintiff. Omission to do so is fatal and defendant’s demurrer to plaintiff’s evidence should have been sustained. 2 Adison on Torts, sec. 1302; Dicy, Parties to Action, secs. 381, 382; State ex rel. Johnson v. True, 25 Mo. App. 451; Renshaw v.…
1Opinion of the CourtSmith, P. J.
— This is an action which was commenced before a justice of the peace in which the statement is to the effect that on, etc., at, etc., defendant without leave and wrongfully entered on block (3) three in — Bryant’s addition to the town of — Bucklin, Linn county, Missouri, part of which the plaintiff was then the owner, and then and there tore down and carried away a portion of the fence bounding the south side of the said J. M. Eastin’s premises, and belonging to the said J. M. Eastin, by which acts and doings of defendant plaintiff was injured to the amount of $50, for which he asks judgment.
2Cases cited13 opinions
- Van Hoozier v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1879
- Crenshaw v. UllmanSupreme Court of Missouri · 1893
- House v. DuncanSupreme Court of Missouri · 1872
- Brown v. HartzellSupreme Court of Missouri · 1885
- Ware v. JohnsonSupreme Court of Missouri · 1874
8 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Barnhart v. RipkaMissouri Court of Appeals · 1956
- Childress v. Southwest Missouri RailroadMissouri Court of Appeals · 1910
- Johnson v. St. Joseph Stock Yards BankMissouri Court of Appeals · 1903
- Lumerate v. St. Louis & San Francisco RailroadMissouri Court of Appeals · 1910