Merriwether v. Dixon
Texas Supreme Court
Appeal from Hays. The case was tried before Hon. A. W. Terrell, one of the district judges. On the 17th of November, 1856, the appellant brought this suit against the appellee, to recover from him damages and compensation for twenty-five trees, of the value of $300, alleged to have been cut and carried away by the defendant from the plaintiff’s land. The defendant plead not guilty, and a plea of justification, alleging a license and permission from the plaintiff so to do.
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Appeal from Hays. The case was tried before Hon. A. W. Terrell, one of the district judges. On the 17th of November, 1856, the appellant brought this suit against the appellee, to recover from him damages and compensation for twenty-five trees, of the value of $300, alleged to have been cut and carried away by the defendant from the plaintiff’s land. The defendant plead not guilty, and a plea of justification, alleging a license and permission from the plaintiff so to do. He further answered, with more particularity, “ that if he ever cut any timber on said plaintiff’s land, and removed the…
1Opinion of the CourtWillie, J.
—Appellant seeks to reverse the judgment of the court below, on the ground that the verdict was contrary to the evidence and the charge of the court. In support of this position it is urged, 1st, That the license under which appellee justified was a limited one, and that appellee exceeded his authority thereunder in the amount and value of the timber cut by him from appellant’s land; 2d, That the license was of no force at the time of the commission of the trespasses complained of, because *18more than two years had then elapsed since it was granted. The evidence upon both of these points was…
2Cases cited3 opinions
- Clark v. DavisTexas Supreme Court · 1852
- Alley v. BoothTexas Supreme Court · 1856
- Chevaillier v. DensonTexas Supreme Court · 1852
3Cited by6 opinions
- Parker v. NaylorCourt of Appeals of Texas · 1912
- Elliott v. MitchellTexas Supreme Court · 1877
- Tarlton, Jordan & Tarlton v. KirkpatrickCourt of Appeals of Texas · 1892
- Coyle v. FranklinCourt of Appeals for the Fifth Circuit · 1893
- Untitled Texas Attorney General Opinion, Texas Attorney General Reports1967
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