Therrell v. Ellis
Mississippi Supreme Court
From the circuit court of Rankin county. Hon. John R. ENochs, Judge. Therrell, appellant, was plaintiff, and Ellis, appellee, defendant, in the court below. From a judgment in defendant’s fayor, plaintiff appealed to the supreme court. The facts are sufficiently stated in the opinion of the court.
Read the full summary
From the circuit court of Rankin county. Hon. John R. ENochs, Judge. Therrell, appellant, was plaintiff, and Ellis, appellee, defendant, in the court below. From a judgment in defendant’s fayor, plaintiff appealed to the supreme court. The facts are sufficiently stated in the opinion of the court. The courts have modified the letter of the statute, Code 1892, § 4412, by holding “that a recovery of the penalty may be defeated by showing that the cutting occurred through inad-vertance, accident or mistake,” but this modification, however, is restricted by a most important proviso, that is,…
1Opinion of the CourtTruly, J.
This was a suit brought by appellant seeking to recover the statutory penalty for trees charged to have been cut by the agent and employes of appellee on certain lands of appellant. There was no count in the declaration for the value of the trees; only the statutory penalty was sued for. Therefore, to entitle plaintiff to recover in the court below, it devolved on him to prove, first, that the trees were cut on land belonging to him, without his consent and within twelve months of the institution of the suit; second, that the cutting was done by defendant, or by his agent and employes, and,…
2Cases cited8 opinions
- Newman v. TaylorMississippi Supreme Court · 1892
- Whiting & Co. v. LakeSupreme Court of Pennsylvania · 1879
- Mhoon v. GreenfieldMississippi Supreme Court · 1876
- Keirn v. WarfieldMississippi Supreme Court · 1883
- Kinnare v. GregoryMississippi Supreme Court · 1878
3 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Seward v. WestMississippi Supreme Court · 1933
- Ladnier v. Ingram Day Lumber Co.Mississippi Supreme Court · 1924
- Bollinger-Franklin Lumber Co. v. TullosMississippi Supreme Court · 1921
- Reynolds v. McGeheeMississippi Supreme Court · 1954
- Rector v. OutzenMississippi Supreme Court · 1908
5 more not listed; retrieve them via the Exa API.