Trauerman v. Lippincott
Missouri Court of Appeals
Appeal from the Jackson Circuit Court. — IION. R. H. Field, Judge. (1) The plaintiff, though in possession,■ had'no lawful right to the possession. He, therefore, cannot maintain this action.
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Appeal from the Jackson Circuit Court. — IION. R. H. Field, Judge. (1) The plaintiff, though in possession,■ had'no lawful right to the possession. He, therefore, cannot maintain this action. The court then erred in refusing to sustain the demurrer to the evidence in refusing instruction number IT asked by the defendant to the effect that, under the pleadings and evidence, they must find for the defendant. , Taunton v. Custon, 7 Term R. 43; Krevet v. Meyer, 24 Mo. 107; Fuhr v. Dean, 26 Mo. 106; Loto v. Dwell, 121 Mass. 309; Mug-ford v. Richardson, 88 Mass. 76; State v. Ross, 69 Am. Dec. 754;…
1Opinion of the CourtEllison, J.
This cause is an action for trespass in which plaintiff prevailed in the trial court; the jury rendering for him the following verdict:
“We, the jury, find for plaintiff, and assess his damages in the sum of fifteen hundred dollars, said sum to be made up as follows: Actual damages, fifty dollars; punishment to defendant, fourteen hundred and fifty dollars — fifteen hundred dollars.
“James Cabtee, Foreman.”
The facts were substantially these: “Emmons Brothers” were the owners of a building in Kansas City and defendant was then general agent in charge thereof. On January 1, 1883, C. S. Owsley…
2Cases cited11 opinions
- Goetz v. AmbsSupreme Court of Missouri · 1858
- Garnhart v. FinneySupreme Court of Missouri · 1867
- Franz v. HilterbrandSupreme Court of Missouri · 1869
- Graham v. Pacific RailroadSupreme Court of Missouri · 1877
- Brown v. Cape Girardeau Macadamized & Plank Road Co.Supreme Court of Missouri · 1886
6 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Sanders v. Daniel International Corp.Supreme Court of Missouri · 1984
- McNamara v. St. Louis Transit Co.Supreme Court of Missouri · 1904
- Leavell v. LeavellMissouri Court of Appeals · 1907
- Lustig v. U. M. C. Industries, Inc.Missouri Court of Appeals · 1982
- Morton v. St. Louis-San Francisco Railway Co.Supreme Court of Missouri · 1929
16 more not listed; retrieve them via the Exa API.