Alt v. Grosclose

—This is an action for the recovery of treble damages for trespasses committed in cutting timber on the plaintiff’s lands. The answer is a general denial, and states, as an affirmative defense, that the defendant purchased the timber from plaintiff through one Bean, who, at the time, was plaintiff’s agent. The answer also sets up the statute of limitation of three years, but that defense was abandoned at the trial. The cause was tried by jury, who found for the defendant. The plaintiff appeals, and assigns the following errors: The overruling of his application for a continuance; the…