Senegal v. Labadie

Plaintiff in certiorari sued Labadie' for trespass in cutting timber on her land. He admitted on the trial the title to the land and taking of the timber in part, and a case was made out against him very clearly on further testimony. He undertook and was allowed to show dealings with the husband of plaintiff, claimed to have given him the right to cut the trees in question.

He pleaded the general issue and gave no notice of license. The defense he sought to make out was not a denial of the trespass, but that he acted under a right which was in law a license or nothing, and which could not be…