Nelson v. Cowles

• Decision Date: 16 March 1917
• Docket Number: No. 18247.,18247.
• Citation: 193 S.W. 579
• Parties: NELSON v. COWLES.
• Court: Missouri Supreme Court

193 S.W. 579

NELSON v. COWLES.

No. 18247.

Supreme Court of Missouri, Division No. 2.

March 16, 1917.

Appeal from Circuit Court, Jackson County; Daniel E. Bird, Judge.

Action by Axel Nelson against Laura B. Cowles. Judgment for defendant, and plaintiff appeals. Appeal dismissed.

B. F. Pursel, of Kansas City, for appellant. John I. Williamson, of Kansas City, for respondent.

WALKER, P. J.

This is an action to recover damages for trespasses alleged to have been committed by defendant on a lot of plaintiff's in Kansas City, Mo. An injunction is also asked to restrain defendant from building fences or otherwise interfering with plaintiff's rights in the use and enjoyment of his property. A temporary injunction was granted herein, and on a trial before the circuit court of Jackson county there was a finding that the land in controversy belonged to the defendant, and a judgment was therefore rendered setting aside the order granting the temporary injunction and dismissing the proceeding. The court's direction to the clerk at the close of all of the testimony was as follows:

"The court finds that the defendant, Laura B. Cowles, according to the warranty deed, introduced into the record, is entitled to the land as described in said warranty deed; that there is not sufficient testimony to justify any verdict for plaintiff for any damages, either actual or punitive, and the verdict will be for the defendant and the injunction is here and now dissolved."

From this judgment plaintiff appeals.

Defendant contends that plaintiff has failed to comply with our rule 15 (186 S. W. viii), and that his appeal should as a consequence be dismissed.

Among other things, rule 15 provides that:

"All briefs shall be printed and shall contain, separate and apart from the argument or discussion of authorities, a statement, in numerical order, of the points relied upon, together with a citation of authorities appropriate under each point. * * * The brief filed by appellant shall distinctly and separately allege the errors committed by the inferior court. * * *"

This rule also provides that a failure to comply with same shall authorize the dismissal of the appeal. Plaintiff has disregarded this rule. Instead of indicating the points relied upon for reversal, with the citation of appropriate authorities under each, he discusses, in the light of the statute and under the authorities, his right to an injunction and nothing more. Under his "argument" he recites facts alleged...