Miller v. Smythe
Court of Appeals of Kentucky
CASE 79. — ACTION BY JOHN M. SMYTHE AND OTHERS AGAINST WASHINGTON MILLER AND OTHERS TO RECOVER DAMAGES ON AN INJUNCTION BOND FOR CUTTING AND REMOVING TIMBER — May 1. Appeal from Lee Circuit Court. B. P. Day, Special Judge. Judgment for palintiffs. Defendants appeal.
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CASE 79. — ACTION BY JOHN M. SMYTHE AND OTHERS AGAINST WASHINGTON MILLER AND OTHERS TO RECOVER DAMAGES ON AN INJUNCTION BOND FOR CUTTING AND REMOVING TIMBER — May 1. Appeal from Lee Circuit Court. B. P. Day, Special Judge. Judgment for palintiffs. Defendants appeal. POINTS AND AUTHORITIES. 1. Damages for trespass in cutting timber pass to the personal representative, and cannot be recovered by th'e heirs. 2. The obligors on an injunction bond to prevent trespass are not liable for damages, growing out of the cutting and removal of timber, which was cut and removed after the injunction was…
1Opinion of the Court
OPINION op the Court by
John D. Carroll, Commissioner
— Reversing.
In June, 1895, M. C. Goff and others instituted a suit in equity in the Lee circuit court against William T. Smythe, David Smythe, and Mitchell Smythe, in which they sought to recover from the defendants the possession of a tract of land, and in this action the plaintiffs, with Washington Miller and J. D. Simpson as. their surety, executed an injunction bond, “enjoining and restraining the said Smythes, or either of them, from cutting or removing any timber, trees, logs, or lumber from said land, or from selling same, or doing…
2Cases cited5 opinions
- Alexander v. ColcordIllinois Supreme Court · 1877
- Barton v. . FiskNew York Court of Appeals · 1864
- Brunk v. MeansCourt of Appeals of Kentucky · 1850
- Coons v. Nall's HeirsCourt of Appeals of Kentucky · 1823
- Brown's Heirs v. WilsonCourt of Appeals of Kentucky · 1851
3Cited by3 opinions
- Avondale Heights Company v. ProctorCourt of Appeals of Kentucky (pre-1976) · 1928
- Burley Tobacco Growers' Co-Operative Ass'n v. Pennebaker Home for GirlsCourt of Appeals of Kentucky (pre-1976) · 1927
- Campbell v. Chriswell's Adm'rCourt of Appeals of Kentucky (pre-1976) · 1944