David v. Correll

This was an action to recover the penalty for cutting timber which is prescribed by section 1 of the act of September lü, 1845, now forming part of Chap. 136 of the Revised Statutes of 1874. A former judgment was reversed by this court in 68 Ill. App. 123, and the cause was remanded. Upon a second, trial plaintiff, had verdict and judgment for $120, from which defendant prosecutes this appeal.

The charge is for cutting timber upon lot 13 of Assessor’s Subdivision of certain lands in Kankakee county. The proof shows that near the line between said lot 13 and the lands west of it a fence was…