Legal Opinion

United States v. Flint Lumber Co.

Supreme Court of Arkansas

Decided July 6, 1908PublishedCited by 8 opinions

Appeal from Yell Chancery Court; Jeremiah G. Wallace, Chancellor; statement by the court. Proceedings were instituted in the Yell Chancery Court for the Danville District by J. W. Eldridge against the Flint Lumber Company to wind up its affairs on account of its insolvency, and W. J. Kelley was appointed receiver. Afterwards, on the 6th day of August,- 1906, appellant was allowed to intervene in the suit.

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Appeal from Yell Chancery Court; Jeremiah G. Wallace, Chancellor; statement by the court. Proceedings were instituted in the Yell Chancery Court for the Danville District by J. W. Eldridge against the Flint Lumber Company to wind up its affairs on account of its insolvency, and W. J. Kelley was appointed receiver. Afterwards, on the 6th day of August,- 1906, appellant was allowed to intervene in the suit. The intervention alleges that the S. W. % of sec. 30, Twp. 6 N., R. 22 West, on and prior to the 10th day of June, 1902, was vacant land of the United States and subject to homestead entry…

1Opinion of the Court

Hart, J.,

(after stating the facts). The amount of the liability in this case depends upon the fact of whether or not George Gamey and the Flint Lumber Company were wilful trespassers acting in bad faith and for that reason ought to suffer some punishment for their depredation. Central Coal & Coke Co. v. John Henry Shoe Co., 69 Ark. 302.

In the cases of Pine River Logging Co. v. United States, 186 U. S. 279, and of Woodenware Company v. United States, 106 U. S. 432, the rule is thus stated: The court held that where the trespass is the result of inadvertence or mistake, and the wrong was not…

2Cases cited5 opinions

  1. Wooden-Ware Co. v. United StatesSupreme Court of the United States · 1882
  2. Pine River Logging Co. v. United StatesSupreme Court of the United States · 1902
  3. Seaman Field v. United StatesSupreme Court of the United States · 1834
  4. United States v. St. Anthony RailroadSupreme Court of the United States · 1904
  5. Central Coal & Coke Co. v. John Henry Shoe Co.Supreme Court of Arkansas · 1901

3Cited by8 opinions

  1. Bradley Lumber Co. v. HamiltonSupreme Court of Arkansas · 1915
  2. Burbridge v. Bradley Lumber Co.Supreme Court of Arkansas · 1951
  3. Augusta Cooperage Co. v. BlochSupreme Court of Arkansas · 1922
  4. Nashville Lumber Co. v. BarefieldSupreme Court of Arkansas · 1910
  5. M. L. Sigmon Forest Products, Inc. v. ScrogginsSupreme Court of Arkansas · 1971

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