Vineyard v. Lynch
Supreme Court of Missouri
Appeal from, Jefferson Circuit Court. — Hon. John L. Thomas, Judge. (1) The cause of action alleged in each count of the petition is for damages, neither having any connection with or relation to the alleged causes of action stated in ■either of the other counts.
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Appeal from, Jefferson Circuit Court. — Hon. John L. Thomas, Judge. (1) The cause of action alleged in each count of the petition is for damages, neither having any connection with or relation to the alleged causes of action stated in ■either of the other counts. The circuit court had no jurisdiction of any action where the amount claimed did not exceed fifty dollars, and, therefore, had none of the .second count of plaintiff’s petition, which was for damages for the killing of a sow, alleged to have been of the value of ten dollars. R. S., sec. 1102; Smith v. Ciarle 'County, 54 Mo. 58; Hunt…
1Opinion of the CourtSherwood, J.
— Vineyard sued Lynch in the circuit court. His petition contained three counts, each for the malicious killing or wounding of certain domestic animals. The second count, which was based on the alleged malicious killing of a sow, stated her value at ten dollars. This suit was brought under the provisions of section 3928, relating to malicious trespass. Upon the cause being tried, the jury found for the plaintiff on the second count,, and for the defendant on the others, Judgment was thereupon rendered for plaintiff in the sum of twenty dollars, double damages being lawful under the statute…
2Cases cited4 opinions
- Fickle v. St. Louis, Kansas City & Northern Railway Co.Supreme Court of Missouri · 1873
- Hunt v. HopkinsSupreme Court of Missouri · 1877
- Acks v. BallSupreme Court of Missouri · 1851
- Hannan v. ShotwellSupreme Court of Missouri · 1874
3Cited by13 opinions
- Hennessy v. Bavarian Brewing Co.Supreme Court of Missouri · 1898
- Stockton v. TesterMissouri Court of Appeals · 1954
- Vanderberg v. Kansas City, Missouri, Gas Co.Supreme Court of Missouri · 1906
- Ozias v. HaleyMissouri Court of Appeals · 1910
- Jorgensen v. City of Kansas CityMissouri Court of Appeals · 1987
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