Beyhmer v. Odel

This suit was brought by appellee to recover from appellant the statutory penalty of $8 per tree for cutting trees on her land against her consent. The verdict was for plaintiff, and $40 was the amount assessed. Defendant’s motion for a new trial was overruled and judgment was entered for plaintiff for $40 and costs of suit. To reverse the judgment defendant took this appeal.

The case was twice before this court and it was held that the evidence did not show the plaintiff was owner in fee of the land on which the trees were cut, and the amount recovered was not a multiple of the sum of $8 per…