Cloquet Lumber Co. v. Burns
Court of Appeals for the Eighth Circuit
In Error to the District Court of the United States for the District of Minnesota; Page Morris, Judge. Action by Granville A. Burns against the Cloquet Lumber Company. Judgment for plaintiff, and defendant brings error.
1Opinion of the Court
CARLAND, Circuit Judge.
[1, 2] This is an action to recover the possession of pine and spruce logs, or the value thereof in the event possession cannot be had. On writ of error the judgment for the plaintiff on the first trial was reversed and a new trial ordered. 207 Fed. 40, 124 C. C. A. 600. The only questions left open by this court by the former decision were the value of the logs and whether they were cut by the lumber company in good faith or as a willful trespasser. In view of the alleged errors argued by counsel for the lumber company, it will serve to explain our position with…
2Cases cited3 opinions
- American Engine Co. v. CrowleySupreme Court of Minnesota · 1908
- Willoughby v. St. Paul German InsuranceSupreme Court of Minnesota · 1900
- Cloquet Lumber Co. v. BurnsCourt of Appeals for the Eighth Circuit · 1913
3Cited by9 opinions
- Bankers Securities Corp. v. Ritz Carlton Restaurant & Hotel Co.Court of Appeals for the Third Circuit · 1938
- Taney v. HodsonSupreme Court of Minnesota · 1927
- Westwater v. MurrayCourt of Appeals for the Sixth Circuit · 1917
- Commercial Banking Corp. v. MartelDistrict Court, S.D. New York · 1942
- De Grazia v. AndersonDistrict of Columbia Court of Appeals · 1948
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