Legal Opinion

Paepcke-Leicht Lumber Co. v. Collins

Supreme Court of Arkansas

Decided March 2, 1908PublishedCited by 8 opinions

Appeal from Chicot Chancery Court; James C. Norman, Chancellor; When this case was reversed on a former appeal, the order of this court was to ascertain the damages sustained by plaintiffs in cutting the timber on the land involved since the 4th June, 1901. 82 Ark. 1. An appeal in chancery is a trial de novo. 13 Ark. 344. 'And this has been followed to the present time.

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Appeal from Chicot Chancery Court; James C. Norman, Chancellor; When this case was reversed on a former appeal, the order of this court was to ascertain the damages sustained by plaintiffs in cutting the timber on the land involved since the 4th June, 1901. 82 Ark. 1. An appeal in chancery is a trial de novo. 13 Ark. 344. 'And this has been followed to the present time. See Crawford’s Dig. 150; 2 Id. 70. The exceptions filed to the report of the master appointed to ascertain the damages sustained by the plaintiff by the cutting of timber on the land involved should have been overruled. The…

1Opinion of the CourtBattrR, J.

The history of this litigation is summed up in Collins v. Paepcke-Leicht Lumber Company, 82 Ark. 1, as follows: “On the 7th day of March, 1901, James E. Collins and others instituted an action against Paepcke-Reicht Rumber Company in the Chicot Chancery Court to recover certain lands and for $10,000 as damages for timber cut. On the 4th day of June, 1901, upon final hearing, the court dismissed the complaint for want of equity, and plaintiffs appealed to this court. On the 28th of January, 1905, this court reversed the decree of the chancery court as to half interest in the lands, and…

2Cases cited2 opinions

  1. Pico v. ColumbetCalifornia Supreme Court · 1859
  2. Collins v. Paepcke-Leicht Lumber Co.Supreme Court of Arkansas · 1907

3Cited by8 opinions

  1. Griffin v. Anderson-Tully Co.Supreme Court of Arkansas · 1909
  2. Chicago Mill & Lumber Co. v. Osceola Land Co.Supreme Court of Arkansas · 1910
  3. Ashland Oil & Refining Co. v. BondSupreme Court of Arkansas · 1953
  4. McDonald v. KenneySupreme Court of Arkansas · 1911
  5. McVeigh v. Chicago Mill & Lumber Co.Supreme Court of Arkansas · 1910

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