Legal Opinion
Muckel v. Rose
Missouri Court of Appeals
Decided April 29, 1884Published
Appeal from the St. Louis Circuit Court, Adams, J. A statement of trespass quare clausum must describe the land with reasonable accuracy.— Cook v. Callaway, 1 Mo. 545; Donohoe v. Chappell, 4 Mo. 34; Burt v. Waine, 31 Mo. 296. Instructions not warranted by the evidence, are erroneous.— Franz v. Rilterbrand, 45.Mo. 121; The State v. Newkirk, 49 Mo. 85.
1Opinion of the CourtThompson, J.
This was an action in the nature of trespass quare clau*394sum fregit, commenced before a justice of the peace, on the following statement of cause of action : —
“ State oe Missouri,
“ City oe St. Louis,
ys
“ Albert Muckel,
Plaintiff,
v.
“ Peter Rose,
Defendant.
Before Thomas Campbell,
Justice of the Peace,
14th District,
26th and 27th Wards.
“ Plaintiff for cause of action states that the defendant, on or about the-day of January, 1883, unlawfully and maliciously came on to the plaintiff’s<premises in the city of St. Louis and State of Missouri, where plaintiff was cutting ice, and said defendant unlawfully…
2Cases cited4 opinions
- Burt v. WarneSupreme Court of Missouri · 1860
- State v. GuernseyMissouri Court of Appeals · 1880
- Cook v. CallawaySupreme Court of Missouri · 1825
- Donohoe v. ChappellSupreme Court of Missouri · 1835