Cooksey v. Crooks

Decided December 6, 1886

Missouri Court of Appeals · decided 1886-12-06

G-. D. Burgess. Judge. I. The statement of plaintiffs’ cause of action alleges that they bought the timber of Dennis, but that it was on defendant’s land, and as it does not allege that it was Dennis’ timber, and as it was on defendant’s land, the presumption is that it was defendant’s timber, and. the statement did not state facts sufficient to constitute-' a cause of action against defendant.

Affirmed · Decided 1886-12-06

Ellison, J.

¶1This action was instituted before a justice of the peace for the value of seven thousand feet of saw timber converted by defendant. On appeal to the circuit court plaintiffs recovered judgment, and defendant appeals to this court.

¶2The instruction given by the court was proper, under the evidence in the cause, and that evidence is sufficient to sustain the verdict.

¶3We have examined the objections urged by appellant, and are satisfied no error was committed “ materially affecting the merits of the action.” Rev. Stat., sect. 3775.

¶4The judgment is, therefore, affirmed.

All concur.