Chouteau v. Boughton
Supreme Court of Missouri
Appeal from Stoddard Circuit Court.—Hon. John Gr. Wear, Judge. (1) It was larceny to cut and remove the timber from the lands, in plaintiff’s petition described, without the knowledge or consent of the owners, and to deprive them of their property (R. S., sec. 1317); and. the damages sued for, for which the action is brought, are for injuries arising from the commission of a felony, or misdemeanor. An attachment is the proper remedy.
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Appeal from Stoddard Circuit Court.—Hon. John Gr. Wear, Judge. (1) It was larceny to cut and remove the timber from the lands, in plaintiff’s petition described, without the knowledge or consent of the owners, and to deprive them of their property (R. S., sec. 1317); and. the damages sued for, for which the action is brought, are for injuries arising from the commission of a felony, or misdemeanor. An attachment is the proper remedy. R. S., sec. 398. (2) The ’ defendant participated in the trespass, assented thereto, directed it to be done and received benefit therefrom after it was done and…
1Opinion of the CourtBlack, J.
This is an action of trespass brought by Charles P. Chouteau against George N. Boughton to recover treble damages for cutting and carrying away trees and timber from the described lands situate in Stoddard county. _ The trespass is alleged to have been committed on the first of September, 1879, and at divers times since that date. The suit was commenced on the fourteenth of August, 1883.
The affidavit for.an attachment, sued out in aid of the action, states that the amount which the plaintiff ought to recover is nine thousand dollars, single damages, and that he has good reason to believe and…
2Cases cited6 opinions
- Rogers v. GosnellSupreme Court of Missouri · 1873
- Lancaster v. Connecticut Mutual Life InsuranceSupreme Court of Missouri · 1887
- Snyder v. Wabash, St. Louis & Pacific Railway Co.Supreme Court of Missouri · 1885
- McComas v. Covenant Mutual Life InsuranceSupreme Court of Missouri · 1874
- Snider v. Adams Express Co.Supreme Court of Missouri · 1883
1 more not listed; retrieve them via the Exa API.
3Cited by31 opinions
- North Chicago Street Railroad v. AckleyIllinois Supreme Court · 1897
- Childs v. Kansas City, St. Joseph & Council Bluffs RailroadSupreme Court of Missouri · 1893
- Cleland v. AndersonNebraska Supreme Court · 1902
- Iriart v. JohnsonNew Mexico Supreme Court · 1965
- State Ex Rel. Park National Bank v. Globe Indemnity Co.Supreme Court of Missouri · 1933
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