Ladnier v. Ingram Day Lumber Co.
Mississippi Supreme Court
Appeal from the circuit court of Harrison county. Hon. D. M.'Gtraham, Judge. Action by Clozelle Landier against the Ingram Day Lumber Company, and others'. Plaintiff required to elect upon which count he would proceed, and verdict for plaintiff on that count, and he appeals.
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Appeal from the circuit court of Harrison county. Hon. D. M.'Gtraham, Judge. Action by Clozelle Landier against the Ingram Day Lumber Company, and others'. Plaintiff required to elect upon which count he would proceed, and verdict for plaintiff on that count, and he appeals. We submit that the statutory action provided under section 49717, Code of 1906, is independent of any commonlaw action that existed at the time of the enactment of said statute that it names specifically the acts for which the penalty is imposed, to-wit: Cutting down, when the tree is cut down the cause of action is…
1Opinion of the CourtSykes, J.
The appellant, Clozelle Ladnier, sued the Ingram Day Lumber Company for damages for the cutting of certain designated trees, belonging to appellant. The first count was for the willful cutting of these trees predicated upon section 4977, Code of 1906 (section 3246, Hemingway’s Code). The second count was for the value of the lumber manufactured out of these trees. The third count was for damages to the land, grass and small growth of timber on these lands. We find nothing in the testimony to sustain the third count', and pass to a consideration of the other questions presented by the record.…
2Cases cited1 opinion
- Mhoon v. GreenfieldMississippi Supreme Court · 1876
3Cited by4 opinions
- Birmingham-Trussville Iron Co. v. Allied Engineers, Inc.Supreme Court of Alabama · 1932
- Roell v. ShieldsMississippi Supreme Court · 1920
- Fleming v. Dunigan Cooperage Co.Mississippi Supreme Court · 1926
- Batson-McGehee Co. v. SmithMississippi Supreme Court · 1924