United States v. Kelly

concurred specially, as follows:

I concur in the decision of the other members of the court as to their conclusions, and that the trial and verdict, if had, would have been for lumber which those defendants did not convert, and not for logs. But there are other reasons for arriving at the same conclusion, which I will mention.

The complaint joins four defendants. It alleges facts against two of them which would entitle the plaintiff to recover in trespass or trover: Trespass for entering upon the plaintiff’s land and cutting timber therefrom, or trover for converting the logs after they were…