Calvert v. J. M. Steverson & Sons Lumber Co.

LAWSON, Justice.

Appellant brought this suit against appellee for the recovery of damages for the cutting of certain timber by the appellee on lands claimed by the appellant.

There were four counts in the complaint, the first three of which sought recovery of the statutory penalty for the cutting of trees, the fourth being in trespass. Demurrer was sustained as to count one and overruled as to the other three counts. The defendant pleaded in short by consent in the usual form.

This appeal is taken as authorized by Section 819, Title 7, Code of 1940, plain tiff having moved for a nonsuit with…