Walker v. Likens
Supreme Court of Missouri
Error to Henry Circuit Court. This was an action to recover damages for an entry upon and the cutting of timber upon the land of plaintiffs.
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Error to Henry Circuit Court. This was an action to recover damages for an entry upon and the cutting of timber upon the land of plaintiffs. Defendants justify the entry and cutting of timber — Likens, one of defendants, alleging that he made the entry as a road overseer under the order of the county court of Henry county, — Freeman, the other defendant, setting forth in his answer that he was one of the hands allotted to open the road, and that in cutting the timber he acted under the direction of the overseer. The court instructed the jury as follows : “ 1. The court instructs the jury that…
1Opinion of the CourtScott, Judge
We shall take it for granted that the act of March 3,1851, (Sess. Acts, p. 274,) entitled, “An act to provide for, and laying out roads and highways in the several counties of this state,” furnishes the rule by which we are to be governed in this case, so far as the statutory regulations respecting roads are concerned. If there is any other statute on the subject we have not been enabled to find it, nor have we been referred to any other. This premise is made on account of the great number of different laws for different counties then existing, which made it a matter of no little difficulty…
2Cases cited1 opinion
- County of Cooper v. GeyerSupreme Court of Missouri · 1854
3Cited by11 opinions
- Leonard v. SparksSupreme Court of Missouri · 1893
- Patten v. WeightmanSupreme Court of Missouri · 1873
- Rousey v. WoodMissouri Court of Appeals · 1892
- Rousey v. WoodMissouri Court of Appeals · 1894
- Crenshaw v. SnyderSupreme Court of Missouri · 1893
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