McMannus v. Lee
Supreme Court of Missouri
Error to Third District Court. The facts sufficieutly appear in the opinion of the court. I. In this case it is not necessary, in order to entitle the plaintiff to a verdict, to allege or prove a conspiracy.
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Error to Third District Court. The facts sufficieutly appear in the opinion of the court. I. In this case it is not necessary, in order to entitle the plaintiff to a verdict, to allege or prove a conspiracy. If the goods of the plaintiff were wrongfully taken, and the defendants were present when they were so taken, and did not dissent from ‘or oppose the taking of. the goods, it was competent for the jury to infer that they thereby assented to the taking o£ the same, lent countenance to the taking thereof, and were thereby aiding and abetting the same. (2 Hill, on Torts, Sd ed., ch. 88, § 9,…
1Opinion of the CourtWagner, Judge
Plaintiff commenced his action of trespass against the defendants in the Circuit Court of Dade county, where, upon a trial, he had a verdict and judgment in his favor, which, on appeal to the District Court, was reversed, and the case is now brought here for review on writ of error.
The alleged trespass set out in the petition was the taking from the plaintiff of a mare, saddle, and bridle. The facts disclosed by the record are briefly these: On the 2d day of August, 1862, a band of armed men, to the number of three or four hundred, came into the town of Greenfield, in Dade county, and drove…
2Cases cited2 opinions
- State v. DaubertSupreme Court of Missouri · 1868
- Allred v. BraySupreme Court of Missouri · 1867
3Cited by24 opinions
- State v. RamseySupreme Court of Missouri · 1963
- State v. WalkerSupreme Court of Missouri · 1888
- State v. StidhamSupreme Court of Missouri · 1957
- Gray v. McDonaldSupreme Court of Missouri · 1891
- Phelps v. BrossMissouri Court of Appeals · 2002
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