Carpenter v. Savage
Mississippi Supreme Court
Erom the circuit court of Aleom county. Hon. Eugene O. Svkes, Judge. Savage, appellee, wasi plaintiff in the court below; Carpenter, appellant, was defendant there. The suit was for the statutory penalty (Code 1906, § 4977), fifteen dollars per tree, for forty-one poplar trees charged to have been cut by defendant on plaintiff’s land without his consent. Plaintiff died pending the suit and it was revived in the name of his administrator.
Read the full summary
Erom the circuit court of Aleom county. Hon. Eugene O. Svkes, Judge. Savage, appellee, wasi plaintiff in the court below; Carpenter, appellant, was defendant there. The suit was for the statutory penalty (Code 1906, § 4977), fifteen dollars per tree, for forty-one poplar trees charged to have been cut by defendant on plaintiff’s land without his consent. Plaintiff died pending the suit and it was revived in the name of his administrator. Divers rulings were made by the trial court on the admission and rejection of evidence but none of them were referrd to or brought into review by the…
1Opinion of the CourtCalhoon, J.
We decline to consider any objections made to the action of the court below in permitting and refusing to permit the introduction of testimony, for the reason that the motion for a new trial does not. direct the attention of the court to tbe particular rulings.
In this ease the plaintiff, in his action to recover the statutory penalty for cutting trees, established clearly that he was in possession under color of title, claiming as owner, and this was. enough to sustain his action. But he further proved that his title was recognized and acknowledged by the actions of the de-. fendant himself.…
2Cited by5 opinions
- Ponder v. StateMississippi Supreme Court · 1976
- Holmes v. StateMississippi Supreme Court · 2001
- Deposit Guaranty Bank & Trust Co. v. Silver Saver Stores, Inc.Mississippi Supreme Court · 1933
- Lumber Co. v. CuaveMississippi Supreme Court · 1913
- Willie James Holmes v. State of MississippiMississippi Supreme Court · 2000