Jones v. Habberman
Missouri Court of Appeals
Appeal from Saline Circuit Court. — Hon. Samuel Davis, Judge. (1) In this case, the cattle may have come into defendant’s fields from the commons. In order to make the defense of adjoining proprietors under a common inclosure, with agreed division fence, it must appear that the cattle escaped through the division fence without the party’s fault. If they escaped in any other manner than through the fence, then it matters not, the defense can not be made.
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Appeal from Saline Circuit Court. — Hon. Samuel Davis, Judge. (1) In this case, the cattle may have come into defendant’s fields from the commons. In order to make the defense of adjoining proprietors under a common inclosure, with agreed division fence, it must appear that the cattle escaped through the division fence without the party’s fault. If they escaped in any other manner than through the fence, then it matters not, the defense can not be made. O’Riley v. Diss, 41 Mo. App. 184; Hopkins v. Ott, 57 Mo. App. 296; Mackler v. Schuster, 68 Mo. App. 674; Eield v. Bogie, 72 Mo. App. 186;…
1Opinion of the CourtEllison, J.
This is an action of replevin wherein plaintiff seeks to recover judgment for the possession of six head of cows. The trial court, at the close of testimony for both parties, gave a peremptory instruction directing a verdict for plaintiff, which was thereupon rendered with nominal damages.
The evidence discloses, partly in direct terms and partly by necessary inference, that plaintiff and defendant occupy adjoining fields under a common outside inclosure; the plaintiff’s field being in pasture and the defendant’s in corn. That plaintiff’s cows were in his pasture and went from there over into…
2Cases cited9 opinions
- Hill v. Meyer Brothers' Drug Co.Supreme Court of Missouri · 1897
- Pope v. RamseyMissouri Court of Appeals · 1899
- Stewart v. OuthwaiteSupreme Court of Missouri · 1897
- State ex rel. Mayer v. O'NeillSupreme Court of Missouri · 1899
- Hall v. GoodnightSupreme Court of Missouri · 1897
4 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- City of Lexington ex rel. Menefee v. Commercial BankMissouri Court of Appeals · 1908
- Matthews v. McVayMissouri Court of Appeals · 1950
- Growney v. Wabash RailroadMissouri Court of Appeals · 1903
- Bokamp v. Chicago & Alton Railway Co.Missouri Court of Appeals · 1907
- Walker v. RobertsonMissouri Court of Appeals · 1904
3 more not listed; retrieve them via the Exa API.