Eklund v. B. R. Lewis Lumber Co.
Idaho Supreme Court
APPEAL from the District Court of tbe First Judicial District for Kootenai county. Hon. W. W. Woods, Judge. Aetion for damages on account of trespass and the cutting and removing of timber from plaintiff’s land and excavating and removing the soil therefrom. Judgment for plaintiff and defendants appealed.
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APPEAL from the District Court of tbe First Judicial District for Kootenai county. Hon. W. W. Woods, Judge. Aetion for damages on account of trespass and the cutting and removing of timber from plaintiff’s land and excavating and removing the soil therefrom. Judgment for plaintiff and defendants appealed. The action set up in the amended complaint is not a statutory action, although the prayer of the complaint asks that the damages for the cutting and removing of the timber be trebled. It is a common-law aetion. Where the damages are asked to be trebled, it is a common-law action with a…
1Opinion of the CourtAilshie, C. J.
In this ease there is a brief on file in behalf of the appellant signed by C. H. Potts and Skuse & Morrill, as attorneys, but it appears that no one of these persons is an attorney of this court. An oral argument was also made by one of them, and we naturally assumed that one filing a brief and appearing in a case is an attorney of this court. Under these circumstances, the proper practice would be to strike the brief from the files and affirm the judgment. We have, however, examined the case and will briefly pass upon the points raised.
The plaintiff filed his original complaint charging the…
2Cases cited5 opinions
- Bailey v. TaaffeCalifornia Supreme Court · 1866
- Holzeman v. HenneberryIdaho Supreme Court · 1905
- Holland Bank v. LieuallenIdaho Supreme Court · 1898
- Hollister v. StateIdaho Supreme Court · 1904
- Gumaer v. White Pine Lumber Co.Idaho Supreme Court · 1905
3Cited by1 opinion
- Avery v. SpicerSupreme Court of Connecticut · 1916