Wiggins Turpentine Co. v. Calamity Land Co.
Mississippi Supreme Court
•Appeal from the chancery court of Harrison county. Hon. J. M. Stevens, Judge. Suit by the Calamity Land Company against the Wiggins Turpentine Company. From a judgment for plaintiff, defendant appeals. The facts are fully stated in the opinion of the court.
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•Appeal from the chancery court of Harrison county. Hon. J. M. Stevens, Judge. Suit by the Calamity Land Company against the Wiggins Turpentine Company. From a judgment for plaintiff, defendant appeals. The facts are fully stated in the opinion of the court. It is true that this is not, in the strictest application of the term, a claim against “the estate of a deceased person,” but it is a claim against a corporation of which a deceased person was president and general manager, and of the stock of which he owned fifty per cent. It grows out of a transaction conducted by the corporation…
1Opinion of the CourtCook, J.
We can find no error in this record, and but one assignment of error deemed of sufficient importance to write about. This is a suit by the Calamity Land Company, a corporation, against the Wiggins Turpentine Company, a corporation, to recover actual and exemplary damages for damaging the property of the complainant company. To show that the trespass was wantpn, the president of the complainant company was permitted to testify, over defendant’s objections, that the president of the defendant company applied to him for the privilege of working the timber in question, and. that he refused the…
2Cases cited2 opinions
- Faler v. JordanMississippi Supreme Court · 1870
- McCutchen v. Rice & Co.Mississippi Supreme Court · 1879
3Cited by2 opinions
- Poole v. McCARTYMississippi Supreme Court · 1961
- Lann & Carter, Hardware Co. v. CarberryMississippi Supreme Court · 1917