Vencill v. Flynn Lumber Co.

Litz, Judge:

On July 27th, 1922, in the circuit court of Nicholas county, the plaintiff brought an action of trespass on the case against the defendant for $70,000 damages on account of the alleged wrongful suing out by the defendant against the plaintiff of an injunction whereby the plaintiff was enjoined from cutting, manufacturing and removing timber from 250 acres of land situate on Peters Creek, Nicholas county, West Virginia. The injunction, awarded February 14th, 1920, was dissolved .December 23d, 1920.

Plaintiff’s declaration contains two counts. The first count charges that the…