Mhoon v. Greenfield
Mississippi Supreme Court
Error to tbe Circuit Court of Tunica County. Hon. E. S. Fisher, Judge. All the facts necessary to a full understanding of the case are stated in the opinion of the court.
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Error to tbe Circuit Court of Tunica County. Hon. E. S. Fisher, Judge. All the facts necessary to a full understanding of the case are stated in the opinion of the court. It is assigned for error : 1. The court below erred in giving the 1st and 3d instructions for plaintiff below. 2. In modifying the 9th charge asked by defendant below, and in not granting the same without modification. 3. The court erred in the 2d charge, given of its own motion, in charging that defendant would be liable for the statutory penalty if the trees of plaintiffs had been negligently cut. 4. In overruling motion…
1Opinion of the CourtSimeall, C. J.
The declaration contains two counts. The 1st count is^for The statutory penalty of $15 per tree, for cutting down and carrying away 1,500 cypress trees without the consent of the owner. The couiit avers ownership in Mrs. Greenfield, of the locus in quo, since the 1st of January, 1869, and the indebtedness of Mhoon, the defendant, of $15,000 for 1,000 cypress trees which the defendant cut down, carried away, and appropriated to his own use. The cause of action recited in the 1st count is of strict right, and must be established in evidence with reasonable certainty. It is debt for a sum…
2Cases cited2 opinions
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