Prescott v. Herring

Mobley, Justice.

The plaintiffs as heirs at law of W. D. Herring, deceased, brought their petition to enjoin the cutting of timber by the defendant upon land owned by W. D. Herring at the time of his death. A temporary injunction was issued. The defendant filed general and special demurrers, which were overruled. Upon the trial and at the close of the evidence, the defendant moved for a directed verdict, which was denied. The jury returned a verdict for the plaintiffs. Thereafter, the defendant moved for a new trial and for a judgment notwithstanding the verdict. These motions were also…