Rothrock v. Cordz-Fisher Lumber Co.
Decision Date | 15 November 1898 |
Citation | 47 S.W. 907,146 Mo. 57 |
Parties | ROTHROCK v. CORDZ-FISHER LUMBER CO. |
Court | Missouri Supreme Court |
Appeal from circuit court, Shannon county; W. N. Evans, Judge.
Action by James Rothrock against the Cordz-Fisher Lumber Company. From a judgment for plaintiff, defendant appeals. Appeal transferred.
James Orchard, for appellant. John C. Brown, for respondent.
This is an action instituted in the circuit court of Shannon county to recover the sum of $1,200 damages of the defendant, for cutting down, removing, and converting to its own use 2,500 pine trees and 700 oak trees, standing and being on a certain tract of land described in the petition, of which it is therein alleged that the plaintiff is the owner, in which the plaintiff obtained judgment in said court for the sum of $300, from which judgment the defendant appeals to this court.
This action does not involve the title to real estate, within the meaning of the constitution, and the appeal should have been taken to the St. Louis court of appeals. In the recent case of Price v. Blankenship, 144 Mo. 203, 45 S. W. 1123, Marshall, J., after reviewing the decisions to date on this head, expressed the doctrine of this court upon this subject in the following language: Under the Code of this state, "the action of trespass is strictly personal." Railroad Co. v. Mahoney, 42 Mo. 467. As Wagner, J., who delivered...
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