Beeler v. Cardwell
Decision Date | 31 October 1862 |
Citation | 33 Mo. 84 |
Parties | CONRAD S. BEELER, Respondent, v. JAMES CARDWELL et al., Appellants. |
Court | Missouri Supreme Court |
Appeal from Jefferson Circuit Court.
Finken & Thomas, for respondent.
Frissell & Green, for appellants.
This case was once before in this court, and the decision in it is reported in 29 Mo. 72. After the cause was remanded to the Jefferson Circuit Court, it was again tried and a verdict and judgment given for the plaintiff, from which judgment the defendants appeal to this court. Upon the new trial the facts do not differ materially from those which appeared at the first trial.
The court instructed the jury as follows:
“1. If the jury find for the plaintiff, then the true measure of his recovery will be the value of the rent of the land for the time it was cultivated and occupied by the defendants.
2. The court instructs the jury that if they find that the plaintiff was peaceably in possession of the field at the time of the alleged entry of the defendants, then the defendants are guilty, even though the jury may believe that the defendants had the preferable right to have the possession.”
No exception was taken to the first instruction. The second instruction was given after the jury had retired, and had twice reported that the jurors could not agree upon a verdict.
The court refused to give the following instructions prayed by the defendants:
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...of how the defendant attempts to raise such issues, i.e., whether by affirmative defense, counterclaim, or otherwise. See Beeler v. Cardwell, 33 Mo. 84, 86 (1862) (“but the question of right does not at all arise in this action of forcible entry and detainer, and the defendants cannot in an......
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... ... ejected, but, being ejected, may recover the possession in ... this action. Harris v. Turner, 46 Mo. 438; ... Beeler v. Caldwell, 29 Mo. 72; S. C., 33 Mo. 84; ... Spalding v. Mayhan, 27 Mo. 377; Krenet v ... Myers, 24 Mo. 107. The entry of defendants was not ... Such, undoubtedly, is the rule in this ... state. Krevet v. Meyer, 24 Mo. 107; Vaneman v ... Walker, 47 Mo. 169; Buler v. Cardwell, ... 33 Mo. 85; Dilworth v. Fee, 52 Mo. 131. So jealous ... is the law in this respect that it is held that one forcible ... entry and detainer ... ...
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... ... correct. Craig v. Donnelly, 28 Mo.App. 342; ... Krevet v. Meyer, 24 Mo. 107; Van Eman v ... Walker, 47 Mo. 169; Beeler v. Cardwell, 33 Mo ... 85; Dilworth v. Fee, 52 Mo. 131 ... ... [172 ... Mo.App. 415] JOHNSON, J ... ...
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