Legal Opinion

Eastman, Gardiner & Co. v. Adams

Mississippi Supreme Court

Decided October 15, 1911PublishedCited by 3 opinions

Appeal from the chancery court of Jones county. Hon. Sam Whitman, Jr., Chancellor. Suit by Wirt Adams, state revenue agent against Eastman, Gardiner & Company. Judgment for plaintiff, and defendant appeals. The facts are fully stated in the opinion of the court. At the October term, 1902, the board of supervisors fixed the value of the timber cut by appellant at six hundred dollars.

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Appeal from the chancery court of Jones county. Hon. Sam Whitman, Jr., Chancellor. Suit by Wirt Adams, state revenue agent against Eastman, Gardiner & Company. Judgment for plaintiff, and defendant appeals. The facts are fully stated in the opinion of the court. At the October term, 1902, the board of supervisors fixed the value of the timber cut by appellant at six hundred dollars. Appellant paid that sum and it was accepted by the board in full settlement and satisfaction of all demands against appellant. This was done by proper order entered on its minutes. It is presumed that the board of…

1Opinion of the Court

Smith, J.,

delivered tbe opinion of tbe court.

Appellee instituted tbis suit in tbe court below to recover of appellant damages, on bebalf of tbe state, alleged to bave been sustained by reason of tbe cutting by appellant of timber on sixteenth section land. From a decree in bis favor, tbis appeal is taken.

We will pass by all preliminary matters, and address ourselves solely to what appears to be tbe merits of tbis controversy. Some time prior to the institution of tbis suit, appellant bad cut timber from sixteenth section land, and the board of supervisors of Jones county, in which county tbe…

2Cases cited1 opinion

  1. Adams v. FragiacomoMississippi Supreme Court · 1893

3Cited by3 opinions

  1. State Ex Rel. Carmichael v. JonesSupreme Court of Alabama · 1949
  2. Gully, Tax Collector v. StewartMississippi Supreme Court · 1937
  3. Pan American Petroleum Corp. v. GullyMississippi Supreme Court · 1937

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