Cook v. Redman
Missouri Court of Appeals
Appeal from the Audrain Circuit Court. — Hon. E. M. Hughes, Judge. (1) The case sets out two causes of action in one •count: First. An action for trespass and in;j ury to realty. Second. Por consuming crop of grass. This is error, and the court ought to have sustained an objection to the introduction of evidence.
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Appeal from the Audrain Circuit Court. — Hon. E. M. Hughes, Judge. (1) The case sets out two causes of action in one •count: First. An action for trespass and in;j ury to realty. Second. Por consuming crop of grass. This is error, and the court ought to have sustained an objection to the introduction of evidence. Kendrick, v. Railroad, 81 Mo. 521; Scott v. Robarás, 67 Mo. 280. ■(2) The second instruction of the plaintiff is particularly vicious in that it ignores the law, that a landlord may, by oral contract, lease land for one year and put á party in possession, which is binding on both…
1Opinion of the CourtGill, J.
— The original petition in this case was filed June 7, 1887 ; but the cause was tried on an amended petition as follows: “Now comes the plaintiff and by leave of the court says for his amended petition, that on April 1, 1887, the plaintiff was in possession and had control of a pasture of three hundred and twenty acres of land situated in Ralls county,. Misouri; that about said last-named date the defendant wrongfully entered upon the said premises and took possession of the same and turned thereon a lot of cattle and other stock, and pastured and consumed the grass thereon during the season…
2Cases cited3 opinions
- Davis v. ClarkMissouri Court of Appeals · 1890
- Briar v. RobertsonMissouri Court of Appeals · 1885
- Lemoine v. CookMissouri Court of Appeals · 1889
3Cited by7 opinions
- Albright v. AlbrightNew Mexico Supreme Court · 1916
- Brookfield v. Drury CollegeMissouri Court of Appeals · 1909
- Nally v. RichmondOregon Supreme Court · 1922
- Ray v. BlackmanMissouri Court of Appeals · 1906
- Wickson v. Monarch Cycle Manufacturing Co.California Supreme Court · 1900
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