Legal Opinion

H. D. Williams Cooperage Co. v. Clark

Supreme Court of Arkansas

Decided October 21, 1912PublishedCited by 7 opinions

Appeal from Cleburne Circuit Court; George W. Reed, Judge; STATEMENT BY THE COURT. Appellee brought suit against appellant for treble damages for the unlawful cutting and removing of certain timber from his lands.

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Appeal from Cleburne Circuit Court; George W. Reed, Judge; STATEMENT BY THE COURT. Appellee brought suit against appellant for treble damages for the unlawful cutting and removing of certain timber from his lands. It was alleged that it unlawfully and wilfully entered upon his lands in June, 1911, and cut and removed 28,456 feet of white oak timber therefrom, of the value of $300, and damaged and caused a waste of other timber, growing thereon, of the value of $200, and prayed judgment for treble damages. The appellant admitted appellee’s ownership of the lands, and that its employees entered…

1Opinion of the Court

Kirby, J.,

(after stating the facts). Appellant contends that the verdict is excessive, and that the court erred in giving instruction No. 2 over its objection and in refusing to give the three instructions requested by it.

Said instruction numbered 2 relates to the statute requiring persons desiroous of cutting and removing timber from any land in the State for the purpose of making staves or to be sawed into lumber, when the boundaries of.the land are not already ascertained and known, to have such lands surveyed and the metes and bounds marked and plainly established before cutting the…

2Cases cited3 opinions

  1. Dowell v. SchislerSupreme Court of Arkansas · 1905
  2. Young v. StevensonSupreme Court of Arkansas · 1905
  3. Newhouse Mill & Lumber Co. v. AverySupreme Court of Arkansas · 1911

3Cited by7 opinions

  1. Long v. StateSupreme Court of Arkansas · 1919
  2. Graves v. StateSupreme Court of Arkansas · 1922
  3. L. J. Smith Construction Co. v. TateSupreme Court of Arkansas · 1922
  4. Lansdell v. WoodsSupreme Court of Arkansas · 1917
  5. Faulkner v. MowrySupreme Court of Arkansas · 1957

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