Pitt v. Daniel
Missouri Court of Appeals
Appeal from the Platte Circuit Court. — Hon. W. 8. Herndon, Judge. (1) In actions to recover treble damages, under section 8675, Revised Statutes, the trial court must not ignore, either in the reception of evidence or the giving of instructions, the provision of section 8678; and if it does, and then enters judgment for treble the damage, it will be error. Holliday v. Jackson, 21 Mo.
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Appeal from the Platte Circuit Court. — Hon. W. 8. Herndon, Judge. (1) In actions to recover treble damages, under section 8675, Revised Statutes, the trial court must not ignore, either in the reception of evidence or the giving of instructions, the provision of section 8678; and if it does, and then enters judgment for treble the damage, it will be error. Holliday v. Jackson, 21 Mo. App. 660; Austin v. Coal & Mining Co., 72 Mo. 585, 547; Schmidt v. Densmore, 42 Mo. 225; Lindell v. Railroad, 86 Mo. 545. (2) Owing to the highly penal character of this action, the same rules apply as if…
1Opinion of the CourtSmith, P. J.
This is an action of trespass. The petition alleged that the plaintiff was the owner of a certain quarter section of land and that the defendant, “without leave entered' upon said premises and dug up and carried away stone of the value, etc., to his damage, etc.,” wherefore plaintiff prays judgmfent, “as in such cases by statute provided.” The answer was a general denial. There was a trial by jury, which resulted in a verdict for plaintiff for fifty ($50) dollars. The court, on the motion of plaintiff trebled the damages and gave judgment accordingly; and the defendant appealed.
The complaint…
2Cases cited10 opinions
- Kennayde v. Pacific RailroadSupreme Court of Missouri · 1870
- White v. MaxcySupreme Court of Missouri · 1877
- Givens v. Van StuddifordSupreme Court of Missouri · 1885
- Austin v. Huntsville Coal & Mining Co.Supreme Court of Missouri · 1880
- Walther v. WarnerSupreme Court of Missouri · 1858
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3Cited by6 opinions
- Donnell v. Vigus Quarries, Inc.Missouri Court of Appeals · 1970
- Mishler Lumber Co. v. CraigMissouri Court of Appeals · 1905
- O'Bannon v. St. Louis & Suburban Railway Co.Missouri Court of Appeals · 1904
- O'Bannon v. St. Louis & Gulf Railway Co.Missouri Court of Appeals · 1905
- Falloon v. FentonMissouri Court of Appeals · 1914
1 more not listed; retrieve them via the Exa API.