Kneale v. Price
Missouri Court of Appeals
Appeal from Holt Circuit Court, Hon. Hemet S. Kellet, Judge. Statement of case by the court. This is an action upon a contract, brought by the plaintiff, to recover damages resulting to him by reason of stock trespassing on his lands, in consequence of the failure of the defendant to maintain and keep in repair a certain fence.
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Appeal from Holt Circuit Court, Hon. Hemet S. Kellet, Judge. Statement of case by the court. This is an action upon a contract, brought by the plaintiff, to recover damages resulting to him by reason of stock trespassing on his lands, in consequence of the failure of the defendant to maintain and keep in repair a certain fence. It is charged in the amended petition in this case that on or about the first day of April, 1879, the plaintiff and one Hezekiah Smith were the owners of certain adjoining lands described in the petition; that the plaintiff and said Smith, at the time aforesaid,…
1Opinion of the CourtEllison, J.
— It appears to be conceded that the petition in this cause did not state a cause of action under section 5661, Revised Statutes. It was drawn with a view to a cause of action under that section as clearly appears from the prayer. Notwithstanding such was the intention of the pleader the objection, for the reason there was no cause of action stated, should have been overruled, if a valid common law action appears from the body of the petition, and we think it does so appear. “ While the petition is not good as a pleading-framed on the statute, it nevertheless, in our opinion, sets forth a…
2Cases cited1 opinion
- Comings v. Hannibal & Central Missoum RailroadSupreme Court of Missouri · 1871
3Cited by5 opinions
- Holliday v. PerryIndiana Court of Appeals · 1906
- Bick v. DixonMissouri Court of Appeals · 1910
- Filler v. Joseph Schlitz Brewing Co.Court of Appeals for the Eighth Circuit · 1915
- Dickey v. Covenant Mutual Life Ass'nMissouri Court of Appeals · 1900
- Plymell v. MeadowsMissouri Court of Appeals · 1913