Smart v. Wambles

LIVINGSTON, Chief Justice.

This is an appeal from the Circuit Court of Coffee County, Alabama, Elba Division, from a judgment rendered by that court on October 7, 1958 in favor of S. C. Wambles, in the amount of $300. A motion for a new trial was filed and overruled.

S. C. Wambles filed suit against Leon Smart in April of 1958. The complaint was in three counts. After all the evidence was in, the appellee struck counts 1 and 3, leaving only count 2, which was in trespass, for the consideration of the jury.

The evidence shows that in December 1957, the defendant was cutting timber on the land of…