Culbertson v. Hill
Supreme Court of Missouri
Appeal from Christian Circuit Court. — D. M. Payne, Esq., Special Judge. ■ The petition alleges that “Defendant did at Christian county, Missouri, on the-day of March, A. D. 1882, maliciously destroy certain live stock, to-wit: one sorrel horse of the value of one hundred and twenty-five dollars, the separate personal property of the plaintiff, Mahala Culbertson, and .in her possession, by then and there shooting and killing said horse contrary to the provisions of section…
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Appeal from Christian Circuit Court. — D. M. Payne, Esq., Special Judge. ■ The petition alleges that “Defendant did at Christian county, Missouri, on the-day of March, A. D. 1882, maliciously destroy certain live stock, to-wit: one sorrel horse of the value of one hundred and twenty-five dollars, the separate personal property of the plaintiff, Mahala Culbertson, and .in her possession, by then and there shooting and killing said horse contrary to the provisions of section 3928 of chapter 67 of the Revised Statutes of Missouri; that plaintiffs are husband wife, wherefore G. A.1 Culbertson is…
1Opinion of the CourtSherwood, J.
Action under section 3928 for malicious trespass committed by killing a sorrel horse. On the cause being tried the jury found the verdict for plaintiffs for the sum of one hundred dollars, which the court, under the section above mentioned, doubled. The petition- is well enough and states a cause of action under the section of the statute on which plaintiffs rely. As te the evidence, though largely circumstantial, it, coupled with prior threats, etc., of defendant, was sufficient to go-to the jury; and their finding, when this is the case and the proper instructions are given, is final. And…
2Cases cited6 opinions
- State v. GrantSupreme Court of Missouri · 1883
- State v. DicksonSupreme Court of Missouri · 1883
- State v. RaySupreme Court of Missouri · 1873
- Meechum v. JudySupreme Court of Missouri · 1836
- Carver v. HuskeySupreme Court of Missouri · 1883
1 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Lee v. ConranSupreme Court of Missouri · 1908
- Gay v. GillilantSupreme Court of Missouri · 1887
- Sparks v. Jasper CountySupreme Court of Missouri · 1908
- Lovell v. DavisMissouri Court of Appeals · 1893
- Gilmore v. OstronichMontana Supreme Court · 1913
16 more not listed; retrieve them via the Exa API.