Sperry v. Hurd
Missouri Court of Appeals
Error to Buchanan Circuit Court. — Eon. L. J. Eastin, Judge. (1) The application for a change of venue should have been stricken from the files, in view of the opinion rendered in this cause. 130 Mo. App. 495. (2) Plaintiff’s third (4th) amended petition should have been stricken from the files. A departure from the original petition is unquestionably shown.
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Error to Buchanan Circuit Court. — Eon. L. J. Eastin, Judge. (1) The application for a change of venue should have been stricken from the files, in view of the opinion rendered in this cause. 130 Mo. App. 495. (2) Plaintiff’s third (4th) amended petition should have been stricken from the files. A departure from the original petition is unquestionably shown. The original com- , plaint was based on section 4573 and section 650', Statutes 1899; the amended petition is a common law action. The original petition contained one count in' ejectment, two counts for trespass, under section 4573, and…
1Opinion of the CourtEllison, J.
The cause of action upon which the judgment was rendered for plaintiff in this case was trespass to real estate, alleged to have been committed by defendants.
The parties reside on adjoining farms in DeKalb county and there seems to have been a dispute as to the correct division line between them. One of the fences was so constructed as to leave what has been designated as “devil’s lane” between them. Defendant James Hurd is the father and the other defendants are his sons. The action stated in the original petition was in fomr counts. The first count stated an action in ejectment. The fourth…
2Cases cited2 opinions
- Harless v. Southwest Missouri Electric Railway Co.Missouri Court of Appeals · 1907
- Sperry v. HurdMissouri Court of Appeals · 1908
3Cited by4 opinions
- Sperry v. HurdSupreme Court of Missouri · 1916
- O'Donnell v. McElroyMissouri Court of Appeals · 1911
- Shannon Commission Co. v. RedmanMissouri Court of Appeals · 1915
- Sperry v. HurdMissouri Court of Appeals · 1911