Donovan v. Sallee
Missouri Court of Appeals
Ebbob to Cass Circuit. Court, Hon . Noah M. G-ivan, Judge. Statement of case by the court. This action was begun before a justice of the peace. The statement contained two counts, the first of which was abandoned by plaintiff in the justice’s court. From a judgment in favor of plaintiff by the justice, the defendants appealed to the circuit court.
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Ebbob to Cass Circuit. Court, Hon . Noah M. G-ivan, Judge. Statement of case by the court. This action was begun before a justice of the peace. The statement contained two counts, the first of which was abandoned by plaintiff in the justice’s court. From a judgment in favor of plaintiff by the justice, the defendants appealed to the circuit court. The second count of the statement is as follows: “Plaintiff states as a further cause of action, that on the fifth day of April, 1882, he was in lawful possession of the farm usually known as the Marshall farm, the same being one hundred and twenty…
1Opinion of the CourtHall, J.
The only question for our consideration is, whether the action of the court in refusing the above declaration of law was correct.
This is not a common law action of trespass. In this case no damages are asked; none are alleged. We .are clearly of the opinion that this action is for the penalty of five dollars, imposed by section 3922, Revised Statutes, which reads as follows:
“ If any person shall voluntarily throw down or open any doors, bars, gates or fences, and leave the same open or down, other than those that lead into his own inclosure, * * * he shall pay to the party injured the .sum of…
2Cited by1 opinion
- State v. GrubbMissouri Court of Appeals · 1897