State v. Shevlin-Carpenter Co.
Supreme Court of Minnesota
Action in the district court for St. Louis county against ShevlinCarpenter Co. and John F. Irwin to recover $51,324.42 for the unlawful cutting and removal of timber from certain school lands. The case was tried before Ensign, J., who made findings and ordered judgment in favor of plaintiff for $26,995.17. From this judgment, defendants appealed. Remanded with directions to reduce the amount of the judgment to $14,664.12.
1Opinion of the CourtLewis, J.
Action by the state for the purpose of recovering treble damages from appellants for the wilful and unlawful cutting and removing from state lands of 2,444,020 feet of timber. Appellant company answered, and admitted the cutting and removal of the timber, justified the same under a sale and permit to J. F. Irwin, its representative, denied that the timber was cut and removed wilfully and unlawfully, alleged payment in full, and specially pleaded the unconstitutionality of chapter 163, p. 349, of the general laws of 1895, under which the state seeks to recover. On a former appeal, upon…
2Cases cited9 opinions
- State ex rel. Lott v. BrewerSupreme Court of Alabama · 1879
- Karsen v. Milwaukee & St. Paul Railway Co.Supreme Court of Minnesota · 1881
- United States v. Homestake Min. Co.Court of Appeals for the Eighth Circuit · 1902
- Filor v. United StatesSupreme Court of the United States · 1870
- State v. Shevlin-Carpenter Co.Supreme Court of Minnesota · 1906
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3Cited by10 opinions
- Stout v. State Ex Rel. CaldwellSupreme Court of Oklahoma · 1913
- State v. MorseSupreme Court of Minnesota · 1968
- Hallowell v. BorchersNebraska Supreme Court · 1948
- Martin v. Common School District No. 3Supreme Court of Minnesota · 1925
- Lawrenz v. Langford Electric Co.Supreme Court of Minnesota · 1939
5 more not listed; retrieve them via the Exa API.