Legal Opinion

Achey v. Hull

Michigan Supreme Court

Decided November 30, 1859PublishedCited by 19 opinions

Error to Wayne circuit. Hull brought action in justices’ court against Joseph Achey and William Lapplar, and declared in trespass as, follows: “ The plaintiff complains of the defendants of a plea of trespass, for that [the defendants, on the first day of December, a. d. 1856, and on divers other days and times be-* tween that day and the commencement of this suit, with force and arms, and contrary to the provisions of chapter 3, of title 111, of the Revised Statutes of this…

Read the full summary

Error to Wayne circuit. Hull brought action in justices’ court against Joseph Achey and William Lapplar, and declared in trespass as, follows: “ The plaintiff complains of the defendants of a plea of trespass, for that [the defendants, on the first day of December, a. d. 1856, and on divers other days and times be-* tween that day and the commencement of this suit, with force and arms, and contrary to the provisions of chapter 3, of title 111, of the Revised Statutes of this state, enti-* tied “ Of Trespasses on Lands,” did cut down and carry off, without leave of the said plaintiff, fifty…

1Opinion of the Court

Campbell J.:’

The statute under which this action was brought, provides that persons who cut down or carry off any wood, underwood, trees, or timber, &c., without leave of the owner of the land, shall be liable to the owner in treble damages. If the trespass was casual and involuntary, or the defendant had probable cause to believe the land was his own, and in some other cases, the remedy is confined to single damages.— 2 Comp. L. p. 1147.

It is objected to the declaration that it contains no reference to this statute, but refers to an impossible one not contained in any of our statute books.…

2Cases cited2 opinions

  1. Edwards v. HillIllinois Supreme Court · 1849
  2. Draper v. WilliamsMichigan Supreme Court · 1853

3Cited by19 opinions

  1. Avery v. SpicerSupreme Court of Connecticut · 1916
  2. Burdeno v. AmperseMichigan Supreme Court · 1866
  3. Davenport v. NewtonSupreme Court of Vermont · 1898
  4. Hoyt v. Southern New England Telephone Co.Supreme Court of Connecticut · 1891
  5. Perrin v. LepperMichigan Supreme Court · 1876

14 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API