Macey v. Carter
Missouri Court of Appeals
Appeal from the Grundy Circuit Court. — Hon. P. C. Stepp, Judge. (1) The court erred in not permitting defendants to show the adoption of township organization by Grundy county and that the road in question had been legally laid out by the township board. The record, offered was substantially “on all fours,” with the record in Rousey v. Wood, 63 Mo.
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Appeal from the Grundy Circuit Court. — Hon. P. C. Stepp, Judge. (1) The court erred in not permitting defendants to show the adoption of township organization by Grundy county and that the road in question had been legally laid out by the township board. The record, offered was substantially “on all fours,” with the record in Rousey v. Wood, 63 Mo. App. 460. (2) “The act concerning trespass” (under which this suit was brought) “contemplates voluntary or willful trespass only * * * and inflicts penalties upon defendant as a wrongdoer.” Emerson v. Beavaus, 12 Mo. 511; Lindell v. Railroad, 25…
1Opinion of the CourtGill, J.
*493STATEMENT. *492This case is here on a second appeal of the defendants. Its general nature is set out in our *493former opinion, 67 Mo. App. 323. As will be seen, Mrs. Maey sued Carter, a road overseer, and others for wrongfully entering upon her land tearing down and destroying her fences, etc., with the avowed purpose of opening a road through her (Mrs. Macy’s) farm. At the first trial the plaintiff had a verdict for $100, which under the trespass statute, section 8676, Revised Statutes 1889, was doubled, awarding plaintiff a judgment for $200. We reversed the former judgment and remanded the case…
2Cases cited2 opinions
- Fisher v. DavisMissouri Court of Appeals · 1887
- Macy v. CarterMissouri Court of Appeals · 1896
3Cited by1 opinion
- Meyers v. DillonOregon Supreme Court · 1901