Burns v. Horkan
Supreme Court of Georgia
Trespass. Before Judge Mitchell. Colquitt superior court. April term, 1905. Edward Burns brought an action against George A. Horkan, G. F. Taylor, and C. E. Martindale, to recover damages alleged to have been sustained by him “by a willful trespass in cutting the sawmill timber on” a described lot of land in Colquitt county, “and removing and disposing of said timber.”
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Trespass. Before Judge Mitchell. Colquitt superior court. April term, 1905. Edward Burns brought an action against George A. Horkan, G. F. Taylor, and C. E. Martindale, to recover damages alleged to have been sustained by him “by a willful trespass in cutting the sawmill timber on” a described lot of land in Colquitt county, “and removing and disposing of said timber.” The petition also made the following allegations: The timber a¡t the time of such cutting and removing was the right and property of the petitioner. In 1896 he purchased all of the timber on this lot, suitable for sawmill…
1Opinion of the Court
'Cobb, P. J.
1. When the case was called here, defendant in error, Horkan, made a motion to dismiss the writ of error. The grounds of this motion were: There is no sufficient assignment of error as against him. There is1 no separate assignment of error on the order sustaining his ■ demurrer. The plaintiff in one assignment attempts to assign error on two separate and distinct orders ■of the judge below, one being the order sustaining the demurrer of •Taylor and the other the order sustaining the demurrer of Horkan. *164There has been no final disposition of the ease in the court below,, it being…
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