Mishler Lumber Co. v. Craig
Missouri Court of Appeals
Appeal from New Madrid Circuit Court. — Eon. Henry G. Riley, Judge. (1) Defendants’ demurrer should have been sustained; there is'no allegation in the petition that defendants were partners, a company, jointly interested, consented to, or even had knowledge of the alleged trespass. Merriwether v. Joy, 85 Mo. App. 684; Halliday v. Jackson, 30 Mo. App. 263. (2) The choppers were not the agents, servants or employees of defendants.
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Appeal from New Madrid Circuit Court. — Eon. Henry G. Riley, Judge. (1) Defendants’ demurrer should have been sustained; there is'no allegation in the petition that defendants were partners, a company, jointly interested, consented to, or even had knowledge of the alleged trespass. Merriwether v. Joy, 85 Mo. App. 684; Halliday v. Jackson, 30 Mo. App. 263. (2) The choppers were not the agents, servants or employees of defendants. There was no evidence that defendants consented to, or even knew of the cutting of any piling from plaintiff’s land, or got any piling cut from plaintiff’s land at…
1Opinion of the CourtBland, P. J.
(after stating the facts). — 1. From the foregoing statement it will be perceived that the court treated the action as one at common law to recover the actual value of the timber taken from plaintiff’s land and converted by defendants to their own use. The pleader undertook to bottom his petition on the Trespass Act (section 4572, R. S. 1899) but failed to allege that defendants had no interest in the timber alleged to have been cut and removed from plaintiff’s land. For this reason the petition is not good and failed to state facts to bring it within the provisons of section 4572, supra,…
2Cases cited3 opinions
- Hewitt v. HarveySupreme Court of Missouri · 1870
- Pitt v. DanielMissouri Court of Appeals · 1899
- Tackett v. HuesmanSupreme Court of Missouri · 1854
3Cited by5 opinions
- Curlee v. DonaldsonMissouri Court of Appeals · 1950
- Donnell v. Vigus Quarries, Inc.Missouri Court of Appeals · 1970
- State ex rel. Major v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1912
- Vaughn v. MayMissouri Court of Appeals · 1925
- Falloon v. FentonMissouri Court of Appeals · 1914