Atlantic & Pacific Railroad v. Freeman
Supreme Court of Missouri
.fijxfje.al from Newton Circuit Court. The petition is good at common law. (Hewitt vs. Harvey, 16 Mo., 37L; Low vs. Harrison, 8 Mo., 351; Waltham vs. Warner 26 Mo., 115 ; Garner vs. Hann. & St. Jo. R. R., 31 Mo., 240; Comings vs. Ilann. & Cent. Mo. R. R. Co., 48 Mo., 516 ; Montague vs. Papin, 1 Mo., 757 ; Schmidt vs. JDinsmore, 42 Mo., 226 ; Gran vs. St. Louis, IL.
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.fijxfje.al from Newton Circuit Court. The petition is good at common law. (Hewitt vs. Harvey, 16 Mo., 37L; Low vs. Harrison, 8 Mo., 351; Waltham vs. Warner 26 Mo., 115 ; Garner vs. Hann. & St. Jo. R. R., 31 Mo., 240; Comings vs. Ilann. & Cent. Mo. R. R. Co., 48 Mo., 516 ; Montague vs. Papin, 1 Mo., 757 ; Schmidt vs. JDinsmore, 42 Mo., 226 ; Gran vs. St. Louis, IL. C. & N. R. R., 54 Mo., 240; Henderson vs. Hickey, 50 Mo. 164; Northcraft vs. Martin, 28 Mo., 470.) The allegations in the petition of plaintiff’s ownership of real estate, are not sufficient to show its ownership of the trees, saw…
1Opinion of the CourtSherwood, Judge
In this case there were two counts in the petition. Plaintiff withdrew the first count and by consent of parties the description of land as contained in the first, was to be regarded as incorporated in the second count which was as follows : “Plaintiff also states, that during the months of November and December, 1871, and the months of January, February, March and April, 1872, at divers times, defendants wrongfully received from various persons, to plaintiffs unknown, a large amount of timber, trees and saw logs, of the value of two thousand dollars, which timber, saw logs and trees were…
2Cases cited1 opinion
- Hewitt v. HarveySupreme Court of Missouri · 1870
3Cited by7 opinions
- Cooley v. Kansas City, Pittsburg & Gulf RailroadSupreme Court of Missouri · 1899
- Harelson v. TylerSupreme Court of Missouri · 1920
- Mine LaMotte Lead & Smelting Co. v. WhiteMissouri Court of Appeals · 1904
- Potter v. EverettMissouri Court of Appeals · 1890
- Hammontree v. HuberMissouri Court of Appeals · 1890
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