Shaw v. Knight

Appellant sued appellee inassumpsit on common counts, and, also, for the recovery of the value of certain timber belonging to plaintiff, alleged to have been cut by defendant, and for statutory penalty therefor.

Defendant pleaded tbe general issue, payment, and set-off. The cause was tried before the court without a jury, and special finding of facts was requested. Section 9500, Code 1923.’ The court found against a recovery by the plaintiff on any of his counts, and against a recovery by defendant on his plea of set-off, and rendered judgment accordingly, from whieh plaintiff has prosecuted…