Legal Opinion

Exum v. Brister

Mississippi Supreme Court

Decided October 15, 1858PublishedCited by 4 opinions

Error to the Circuit Court of Yazoo county. Lion. William Cothran, judge. John Brister brought an action, in the court below, against K. Exum, to recover the statutory damages of $10 per tree, for certain white oak trees, which he alleged had been cut and carried away from his land by Exum, and converted to the defendant’s use.

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Error to the Circuit Court of Yazoo county. Lion. William Cothran, judge. John Brister brought an action, in the court below, against K. Exum, to recover the statutory damages of $10 per tree, for certain white oak trees, which he alleged had been cut and carried away from his land by Exum, and converted to the defendant’s use. The defendant pleaded not guilty, and the cause was submitted to a jury, who found a verdict against the defendant for $1180. Thereupon the defendant moved for a new trial, which was refused, and he tendered his bill of exceptions, and sued out this writ of error. It…

1Opinion of the CourtHaNDY, J.

The defendant in error brought this action, to recover of the plaintiff in error, the penalty provided by the statute, as the value of certain trees, cut by the plaintiff in error, and appropriated to his use, from the land of the defendant in ‘error.

The case comes up upon a bill of exceptions, taken by the plaintiff in error, to the overruling of a motion made by him for a new trial. The grounds upon which that motion was made, present the questions for our consideration.

*396The first ground of error insisted upon, is the admission of the patent from the State of Mississippi, to the defendant in…

2Cited by4 opinions

  1. Dempsey v. ChambersMassachusetts Supreme Judicial Court · 1891
  2. Fraternal, Army of America v. EvansIllinois Supreme Court · 1905
  3. Abbott v. Sumter Lumber Co.Supreme Court of South Carolina · 1912
  4. Abbott v. Sumter Lumber Co.Supreme Court of South Carolina · 1912

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