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4 Mo. 34

Donohoe v. Chappell

Supreme Court of Missouri

Decided May 15, 1835

Supreme Court of Missouri · decided 1835-05-15

<p>'I. In.an action of debt before J.P. under the statute, for certain trespasses, a statement in writing is required.</p> <p>3.In this statement it must appear that the land lies in the State of Mo. — and it must be described.</p> <p>3. The statute of 1831 in regard to errors of J. P., does not reach this case.</p> <p>4. Judge Tompkins dissenting.</p> <p>5. The statement in this case sufficient — not necessary to lay venue, to give J. P. jurisdiction — description of the land unnessary.</p> <p>Suit before J.P.</p> <p>befoiep'p e</p> <p>jn an debt before j. p. ynder the statute, passes, a state-mentin writing is required,</p> <p>In this statement ^ landYies jn the atate 0f Mo. — and it must be described,</p> <p>„in> 31 in regard to errors of j. p. does "hse r<3£iCl1 tlliS</p> <p>Judge Tompkins dissenting.</p> <p>The statement in —noTnecestofyto lay yeíiiie, to give J‘P-, 1 anduhn e c ess ary!</p>

Cited by 1 later decisions — most recently April 1884

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1835-05-15

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Tompkins J. dissenting.

¶1I dissent, believing the statement good enough.- It ap-> prises the defendant that he is to answer for a trespass.

¶2The plaintiff is not permitted by our statute to sue the defendant but in his own township or in that of the plain-if the defendant be there found; then it is not. neces-saiT f°r l^e act¡on to be brought in the township where the land lies, for if it were so, the permission to sue would in many cases be useless. Nobody would pretend that the Legislature would require a formal declaration in trespass. In an action of trespass quare clausum fregit it is not necessary to set out the close by metes and bounds. See Chitty pl. vol. 1, p. 364, and although in such action there is a declaration in form, yet there is not necessarily any description of the law. The defendant as in many other actions must depend on the memory of persons present at the trial to defend himself against a second suit for the same cause of action. Any other construction of the Statute'would render it, in my opinion, almost useless. Eor few people wish to employ a lawyer to try such suits for therm

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