O'Bannon v. St. Louis & Gulf Railway Co.
Missouri Court of Appeals
Appeal from Dunklin Circuit Court. — Hon. Jas. L. Fort, Judge. (1) Where it is sought to recover treble damages for trespass to land, in the taking and removal of articles therefrom, it should be alleged in the petition that the defendant had no interest or right in the articles taken or removed, or that the same were taken from lands not his own. One or the other of these allegations is imperative. Hewitt v. Harvey, 46 Mo. 368; Pitt v. Daniel, 82 Mo.
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Appeal from Dunklin Circuit Court. — Hon. Jas. L. Fort, Judge. (1) Where it is sought to recover treble damages for trespass to land, in the taking and removal of articles therefrom, it should be alleged in the petition that the defendant had no interest or right in the articles taken or removed, or that the same were taken from lands not his own. One or the other of these allegations is imperative. Hewitt v. Harvey, 46 Mo. 368; Pitt v. Daniel, 82 Mo. App. 168. (2) A complaint for trespass under Revised Statutes of 1899, section 4572, which alleges that the defendant, without leave entered,…
1Opinion of the CourtBland, P. J.
(after stating the facts).— (1) The appeal was dismissed for the reason the abstracts of the record, as then filed, failed to show that the bill of exceptions had been filed in time. The abstracts of the record now on file show that the case was tried at the April term, 1903, of the Dunklin Circuit Court and, on the twenty-second day of May, a verdict was rendered and motion for new trial filed and overruled, an appeal allowed and defendant given sixty days in which to file bill of exceptions; that during the same term (on June 30th) time to file bill of exceptions was extended sixty days,…
2Cases cited2 opinions
- Hewitt v. HarveySupreme Court of Missouri · 1870
- Pitt v. DanielMissouri Court of Appeals · 1899
3Cited by3 opinions
- Donnell v. Vigus Quarries, Inc.Missouri Court of Appeals · 1970
- Vaughn v. MayMissouri Court of Appeals · 1925
- Falloon v. FentonMissouri Court of Appeals · 1914