Legal Opinion
Debardelaben v. Coleman
Court of Appeals of Georgia
Decided September 21, 1946No. 31406PublishedCited by 5 opinions
1Opinion of the CourtEelton, J.
1. In ail action for damages for the cutting and carrying away of timber, in which the plaintiff alleged the cutting was wilful, the measure of damages is the full value of the property at the time and place of demand or suit without deduction for the defendant’s labor or expense (Code, § 105-2013; Milltown Lumber Co. v. Carter, 5 Ga. App. 344, 63 S. E. 270); provided, of course, that the evidence shows such value.
2. Such an action on its face is one for the full value of the property and the good faith and innocence of the defendant is a matter of defense whether or not the plaintiff'…
2Cases cited4 opinions
- Milltown Lumber Co. v. CarterCourt of Appeals of Georgia · 1908
- Tennessee, Alabama & Georgia Railway Co. v. ZugarSupreme Court of Georgia · 1942
- McConnell Bros. v. SlappeySupreme Court of Georgia · 1910
- Taylor v. HammackCourt of Appeals of Georgia · 1940
3Cited by5 opinions
- Minor v. FincherSupreme Court of Georgia · 1950
- Sims v. MajorsCourt of Appeals of Georgia · 1986
- J. D. Sudderth, D/B/A S & W Body Works, and Hyatt Parts & Supply Company v. National Lead CompanyCourt of Appeals for the Fifth Circuit · 1959
- Cooper v. BrockCourt of Appeals of Georgia · 1948
- Jones v. AlexanderCourt of Appeals of Georgia · 1982