Vick v. Tisdale

*569on Rehearing

HOLMES, Judge.

Able and distinguished counsel for appellees, in a well-reasoned brief supporting his application for rehearing, charges this court with ignoring the principle set forth in Givens v. Kendrick, 15 Ala. 648. For the following reasons, we do not agree.

Givens, supra, stands for the proposition that if one intends to cut certain trees without their owner’s consent, but mistakenly cuts trees owned by another, he is then liable for the penalty imposed by Tit. 47, § 272, Code of Ala. 1940, to the owner of the trees he in fact cut. Learned counsel contends that it was…