Legal Opinion

Gratz v. McKee

Court of Appeals for the Eighth Circuit

Decided April 28, 1919No. 5285PublishedCited by 6 opinions

In Error to the District Court of the United States for the Eastern District of Missouri; John C. Pollock, Judge. Action by Benjamin Gratz against. James S. McKee and others. Judgment for defendants on a directed verdict, and plaintiff brings error.

1Opinion of the Court

CARLAND, Circuit Judge.

The plaintiff in error (hereafter plaintiff) sued the defendants in error (hereafter defendants) to recover the value of 307)4 tons of mussel shells alleged to have been taken from the lands of plaintiff’s assignors in Pemiscot county, Mlo., and converted to 'defendants’ use. A second count of the complaint alleged that the shells were a part of the realty and were dug up therefrom. The language used in the second count was for the purpose of bringing Ihe case within the provisions of section 5448, Rev. Stat. Mo. 1909, allowing treble damages in certain cases for…

2Cases cited9 opinions

  1. Geer v. ConnecticutSupreme Court of the United States · 1896
  2. Moulton v. LibbeySupreme Judicial Court of Maine · 1854
  3. State v. TheriaultSupreme Court of Vermont · 1898
  4. Atwill v. FerrettU.S. Circuit Court for the District of Southern New York · 1846
  5. Peters v. StateTennessee Supreme Court · 1896

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3Cited by6 opinions

  1. United States v. WashingtonCourt of Appeals for the Ninth Circuit · 1985
  2. McKee v. GratzSupreme Court of the United States · 1922
  3. United States v. State Of WashingtonCourt of Appeals for the Ninth Circuit · 1985
  4. Gratz v. McKeeCourt of Appeals for the Eighth Circuit · 1920
  5. People v. MillerAppellate Division of the Supreme Court of the State of New York · 1932

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