Loper v. Ganguet

LIVINGSTON, Justice.

The one count of the complaint is in Code form, section 223, subdiv. 28, Title 7, Code, for trespass to certain described lands belonging to plaintiff, and for cutting timber thereon. The count is sufficient as against the demurrer interposed to it.

After the demurrer was overruled, the defendant filed plea of the general issue, and the cause was tried by the court without the intervention of a jury, and resulted in a judgment for plaintiff for the sum of $160’. Defendant’s motion for a new trial was overruled, and he appealed.

The overruling of defendant’s motion for a new…