Collins v. Dalton Clark Stave Co.
Supreme Court of Louisiana
Appeal from Fifth Judicial District Court, Parish of Winn; George Wear, Judge. Action by James S. Collins against the Dalton Clark Stave Company, Incorporated. From a judgment of dismissal, plaintiff appeals.
1Opinion of the CourtLand, J.
This is a possessory action, coupled with a demand for damages for the *251alleged illegal cutting and removal of timber from the premises. The petition alleged that plaintiff had the real and actual possession of the land as owner for more than one year prior to the said disturbance of his possession by the defendant.
Defendant excepted that the petition contained inconsistent demands, and moved the court to order that the plaintiff elect whether he will proceed with his possessory action or his action for trespass. The exception was sustained, and, on the plaintiff declining to elect, there was…
2Cases cited2 opinions
- Mott v. HopperSupreme Court of Louisiana · 1906
- Nicol v. Illinois Central RailroadSupreme Court of Louisiana · 1892
3Cited by7 opinions
- Grant Timber & Mfg. Co. v. GraySupreme Court of Louisiana · 1912
- Smith v. Grant Timber & Mfg. Co.Supreme Court of Louisiana · 1912
- Foshee v. Kirby Lumber CorporationSupreme Court of Louisiana · 1947
- Schilling's Heirs v. Kent Piling Co.Louisiana Court of Appeal · 1951
- Wyatt Lumber Co. v. ArnoldLouisiana Court of Appeal · 1956
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