Legal Opinion

Frederick v. Bruckner

Missouri Court of Appeals

Decided April 1, 1907PublishedCited by 2 opinions

Appeal from Cooper Circuit Court. — Eon. William E. Martin, Judge. (1) The statement of the plaintiff does not state a cause of action under section 4573, Revised Statutes 1899. The statute is a penal one, and the plaintiff must bring himself strictly within its provisions to recover. Parish v. Railroad, 63 Mo. 287; Potter’s Dwarris on Statutes and Const., 245; State v. Reid, 125 Mo. 43; Dudley v. Tel. Co., 54 Mo. App. 391; Wilson v. Burton, 96 Mo.

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Appeal from Cooper Circuit Court. — Eon. William E. Martin, Judge. (1) The statement of the plaintiff does not state a cause of action under section 4573, Revised Statutes 1899. The statute is a penal one, and the plaintiff must bring himself strictly within its provisions to recover. Parish v. Railroad, 63 Mo. 287; Potter’s Dwarris on Statutes and Const., 245; State v. Reid, 125 Mo. 43; Dudley v. Tel. Co., 54 Mo. App. 391; Wilson v. Burton, 96 Mo. App. 686. (2) The defendant was in actual possession of the land at the time plaintiff erected the fence, and which she cut. Plaintiff’s…

1Opinion of the CourtJohnson, J.

Action brought before a justice of the peace under the provisions of section 4573/ Revised Statutes 1899, to recover damages and penalty for an alleged wrongful act of defendant in cutting a wire fence belonging to plaintiff, which served to enclose his farm. •The verdict and judgment in the circuit court, where the case was tried on appeal, were for plaintiff in the sum of one cent actual damage and five dollars penalty.

The parties owned adjoining farms. Before the erection of the fence which is the subject of present concern, the only barrier between them was a rail fence which had been…

2Cases cited1 opinion

  1. M'cLean v. BerkabileMissouri Court of Appeals · 1907

3Cited by2 opinions

  1. McCrory v. MonroeMissouri Court of Appeals · 1960
  2. Falloon v. FentonMissouri Court of Appeals · 1914

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