Strauel v. Lubeley
Missouri Court of Appeals
Appeal-from St. Louis County Circuit Court. — Row. John W. McElhinney, Judge. (1) Trespass' quare clamsam fregit is a form of action which lies to recover damages for injury to the realty, consequent upon entry without right upon the plaintiff’s land. Bonvier’s Law Dictionary, page 610. The common law affords no civil remedy against a person having a right, who enters forcibly bnt the injured party must appeal to the statutory action of forcible entry and detainer.
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Appeal-from St. Louis County Circuit Court. — Row. John W. McElhinney, Judge. (1) Trespass' quare clamsam fregit is a form of action which lies to recover damages for injury to the realty, consequent upon entry without right upon the plaintiff’s land. Bonvier’s Law Dictionary, page 610. The common law affords no civil remedy against a person having a right, who enters forcibly bnt the injured party must appeal to the statutory action of forcible entry and detainer. Levy v. McClintock, 141 Mo. App. 593; Fuhr v. Dean, 26 Mo. 116; Krevet v. Meyer, 24 Mo. 107. The whole scope and theory of the…
1Opinion of the CourtReynolds, P. J.
— Plaintiff, averring that he was in the peaceable, quiet and lawful possession of the premises described, to-wit, a room in a one-story four-room frame building on Meramec Station road, in St. Louis county, and that the defendant, without leave or authority of law, wilfully, maliciously, wrongfully and forcibly, broke into and entered the room in the house occupied by plaintiff and cast out and carried away out of the rooms of the house all of plaintiff’s furniture, wearing apparel, goods, wares and merchandise alleged to be of the value of $475, claims damages by this act for the value of…
2Cases cited4 opinions
- Gildersleeve v. OverstolzMissouri Court of Appeals · 1901
- Sieferer v. City of St. LouisSupreme Court of Missouri · 1897
- Murphy v. Century Building Co.Missouri Court of Appeals · 1901
- Seago v. Paul Jones Realty Co.Missouri Court of Appeals · 1914
3Cited by4 opinions
- Daluiso v. BooneCalifornia Supreme Court · 1969
- Ladeas v. CarterMissouri Court of Appeals · 1992
- Collins v. BakerCourt of Appeals of Georgia · 1935
- Foster v. KeenaMissouri Court of Appeals · 1986