Maynard v. Reynolds
Michigan Supreme Court
Error to Newaygo; Palmer, J. Trespass quare clausum fregit by Romie Maynard against Wells S. Reynolds. From a judgment for defendant, plaintiff brings error.
1Opinion of the CourtCarpenter, J.
Plaintiff brought this action of trespass in justice’s, court to recover, under section 11204 of the Compiled Laws of 1897, treble damages from defend*43ant for cutting down and carrying off certain pine trees standing on his land. His testimony proved that these trees were located in the highway. Plaintiff could recover only by proving title to the lands on which the trees stood, unless the title was admitted by the defendant. See Ostrom v. Potter, 71 Mich. 44 (38 N. W. 670); Orris v. Kempton, 105 Mich. 229 (63 N. W. 68). The defendant insisted that the pleadings did not admit title in…
2Cases cited3 opinions
- Hoffman v. HarringtonMichigan Supreme Court · 1880
- Ostrom v. PotterMichigan Supreme Court · 1888
- Orris v. KemptonMichigan Supreme Court · 1895
3Cited by4 opinions
- Oregon Short Line R. v. District Court of Third Judicial DistrictUtah Supreme Court · 1906
- Cline v. TaitMontana Supreme Court · 1945
- Von Zellen v. WestromMichigan Supreme Court · 1936
- Von Zellen v. WestromMichigan Supreme Court · 1936