Kamerick v. Castleman
Missouri Court of Appeals
Appeal from Cooper Circuit Court, Hon. E. L„ Edwards, Judge. ‘Statement of case by the court. ' This is an action in trespass, for wrongfully entering the close of plaintiff, and the consequent loss of a crop of corn standing in the field.
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Appeal from Cooper Circuit Court, Hon. E. L„ Edwards, Judge. ‘Statement of case by the court. ' This is an action in trespass, for wrongfully entering the close of plaintiff, and the consequent loss of a crop of corn standing in the field. The petition alleges that the plain fciff rented from the defendant, Castleman, certain lands for the year, beginning March 1, 1884, and ending March 1, 1885. That plaintiff had cultivated 'thereon a large crop of corn, which was standing in the field, matured, on the twenty-third day of October, 1885, ■when one Parish, the constable of the township in…
1Opinion of the CourtPhilips, P. J.
I. The first question, in order of proceeding in the trial court, for determination is, the correctness of the action of the court in striking out the counter-claim. The contention of respondent is that the action is not founded on the contract of rent, but is in tort, for the wrongful entry and appropriation of plaintiff’s corn ; and that where the action is purely in tort a counter-claim predicated on contract between plaintiff and defendant is not permissible. As an abstract proposition this may be true, but the tort may be ■so connected with and dependent upon the existence •of the…
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