272.230. Trespass by stock, damages and compensation--action--lien. - Missouri Statutes

Trespass by stock, damages and compensation--action--lien.

272.230. If any horses, cattle or other stock trespass uponthe premises of another, the owner of the animal shall for thefirst trespass make reparation to the party injured for the truevalue of the damages sustained, to be recovered with costs beforean associate circuit judge, or in any court of competentjurisdiction, and for any subsequent trespass the party injuredmay put up the animal or animals and take good care of them andimmediately notify the owner, who shall pay to the taker-up theamount of the damages sustained, and such compensation as shallbe reasonable for the taking up and keeping of the animals,before he shall be allowed to remove them, and if the owner andtaker-up cannot agree upon the amount of the damages andcompensation either party may make complaint to an associatecircuit judge of the county, setting forth the fact of thedisagreement, and the associate circuit judge shall be possessedof the cause, and shall issue a summons to the adverse party andproceed with the cause as in other civil cases. If the ownerrecovers, he shall recover his costs and any damages he may havesustained, and the associate circuit judge shall issue an orderrequiring the taker-up to deliver to him the animals. If thetaker-up recover, the judgment shall be a lien upon the animalstaken up, and, in addition to a general judgment and execution,he shall have a special execution against the animals to pay thejudgment rendered and costs.

(L. 1963 p. 401 § 3)