Stoddard County v. Malone
Supreme Court of Missouri
Appeal from Butler Circuit Court — Q:. H. Benton, Esq., Special Judge. (1) The error in giving judgment against the evidence offered and the inferences therefrom, that, defendant, Malone, directed the timber cut, knew it-came from plaintiff’s land,-received it and appropriated it to his own use should cause a reversal. Schenclt v. Sautter, 73 Mo. 46; Noeninger v. Vogt, 88 Mo. 589; Bine v. Railroad, 100 Mo. 228; Holliday v. Jackson, 21 Mo.
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Appeal from Butler Circuit Court — Q:. H. Benton, Esq., Special Judge. (1) The error in giving judgment against the evidence offered and the inferences therefrom, that, defendant, Malone, directed the timber cut, knew it-came from plaintiff’s land,-received it and appropriated it to his own use should cause a reversal. Schenclt v. Sautter, 73 Mo. 46; Noeninger v. Vogt, 88 Mo. 589; Bine v. Railroad, 100 Mo. 228; Holliday v. Jackson, 21 Mo. App. 660. (2) The error of the court-in sustaining the demurrer to the plaintiff’s evidence, we contend is clearly reversable error. The petition alleges…
1Opinion of the Court
Beace J.
This an action of trespass instituted in the circuit court of Stoddard county on the tenth day of November, 1881, taken by change of venue to the circuit court of Butler county in October, 1882, and tried in that court on an amended petition filed on the eleventh of May, 1888, in which for cause of action it was substantially charged that on the tenth day of November, 1876, and at divers other times the defendant without leave and wrongfully entered upon certain lands therein described, of which the plaintiff was the owner, and did cut down and carry off and cause to be cut down and…
2Cases cited6 opinions
- Hunter v. HunterSupreme Court of Missouri · 1872
- Murphy v. DeFranceSupreme Court of Missouri · 1891
- Brown v. HartzellSupreme Court of Missouri · 1885
- Orr v. RodeSupreme Court of Missouri · 1890
- Linville v. BohananSupreme Court of Missouri · 1875
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Shohoney v. Quincy, Omaha & Kansas City RailroadSupreme Court of Missouri · 1909
- St. Louis County v. MooreMissouri Court of Appeals · 1991