Carstens v. DeSellem
Washington Supreme Court
Appeal from a judgment of the superior court for Yakima county, Preble, J., entered July 13, 1914, dismissing an action of trespass, on overruling a demurrer to new matter in the answer.
1Opinion of the CourtGose, J.
This is an action for damages for cutting down and destroying certain pear trees, and for cutting, mutilating, and injuring other pear trees, upon premises belonging to the plaintiffs, in Yakima county. The defendants answered, admitting the plaintiffs’ ownership of the trees and the soil upon which they grew, and admitting that they cut down and destroyed certain pear trees, and that they cut out certain portions of other pear trees. They allege affirmatively, by way of justification, that the defendant DeSellem, *645at and before the dates mentioned in the complaint, was the duly appointed,…
2Cases cited16 opinions
- Field v. ClarkSupreme Court of the United States · 1892
- Health Department v. Rector of Trinity ChurchNew York Court of Appeals · 1895
- State v. Mountain Timber Co.Washington Supreme Court · 1913
- Spokane Grain & Fuel Co. v. LyttakerWashington Supreme Court · 1910
- State ex rel. Adams v. BurdgeWisconsin Supreme Court · 1897
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3Cited by30 opinions
- Barry & Barry, Inc. v. Department of Motor VehiclesWashington Supreme Court · 1972
- State ex rel. Brislawn v. MeathWashington Supreme Court · 1915
- State Ex Rel. Foster-Wyman Lumber Co. v. Superior CourtWashington Supreme Court · 1928
- State Ex Rel. Westhues v. SullivanSupreme Court of Missouri · 1920
- Vail v. SeaborgWashington Supreme Court · 1922
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