Johnson v. Davis
Mississippi Supreme Court
From: the circuit court of Harrison county. Hon. William H. Hardy, Judge. Davis, appellee, was plaintiff in the court court below; Johnson, appellant, was defendant, there. From a judgment in plaintiff’s favor the defendant appealed to the supreme court.
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From: the circuit court of Harrison county. Hon. William H. Hardy, Judge. Davis, appellee, was plaintiff in the court court below; Johnson, appellant, was defendant, there. From a judgment in plaintiff’s favor the defendant appealed to the supreme court. Plaintiff sued defendant for the statutory penalty, under Code 1906, § 4983, providing that if any person shall box for turpentine, or cut or cause to be cut a box or boxes in a pine tree on land not his own without consent of the owner of the land or tree, he shall pay to the owner thereof five dollars for each pine tree so boxed or cut. The…
1Opinion of the CourtCalhoon, J.
This is an action of trespass for the recovery of statutory damages for the boxing and cutting of pine trees. To this declaration the defendant pleaded not guilty. The verdict and judgment were for the plaintiff below, and the defendant appeals to this court.
The learned counsel for the defendant below, the appellant here, fully appreciating that they could get no reversal on the facts, base their written argument on the sole ground that the record shows that the plaintiff below had no title, alleging that the actual title is in the United States Government until patent issued. The record…
2Cases cited3 opinions
- Lindsey v. HendersonMississippi Supreme Court · 1854
- Huntingdon v. GrantlandMississippi Supreme Court · 1857
- Martin v. NashMississippi Supreme Court · 1856