Baker v. Davis
Supreme Court of Georgia
Petition for injunction. Before Judge Parker. Coffee superior court. September 26, 1906. Baker filed bis petition in tbe superior court of Coffee county against Davis, Nelson, and Lewis, alleged to be citizens and residents of that county, and tbe Taylor-Cook Cypress Company, alleged to be a corporation having its principal office.in Glynn county, seeking .to enjoin the defendants from continuing and consummating a trespass by entering upon land and cutting timber alleged to…
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Petition for injunction. Before Judge Parker. Coffee superior court. September 26, 1906. Baker filed bis petition in tbe superior court of Coffee county against Davis, Nelson, and Lewis, alleged to be citizens and residents of that county, and tbe Taylor-Cook Cypress Company, alleged to be a corporation having its principal office.in Glynn county, seeking .to enjoin the defendants from continuing and consummating a trespass by entering upon land and cutting timber alleged to belong to the plaintiff, and also to recover damages against them as joint trespassers. By amendment it was alleged…
1Opinion of the CourtLumpkin, J.
(After stating the foregoing facts.)
1-3. Suits against joint trespassers residing in different counties may be brought in the county of the residence of either. Civil Code, §5872. One who unlawfully cuts the timber of another is a trespasser. He may be sued as such, although he acts under orders of a third party. If one wrongfully enters on the land of another and cuts trees, he is a trespasser and liable, no matter who told or directed him to commit the tort, or whether such person would also be liable or not. The master and servant may both be liable for such a trespass of the former,…
2Cases cited15 opinions
- Southern Railway Co. v. GrizzleSupreme Court of Georgia · 1906
- Central of Georgia Railway Co. v. BrownSupreme Court of Georgia · 1901
- Railroad Commission v. Palmer Hardware Co.Supreme Court of Georgia · 1906
- Huxford v. Southern Pine Co.Supreme Court of Georgia · 1905
- Wellmaker v. WheatleySupreme Court of Georgia · 1905
10 more not listed; retrieve them via the Exa API.
3Cited by35 opinions
- Owens v. NicholsSupreme Court of Georgia · 1913
- Bodin v. GillSupreme Court of Georgia · 1960
- Glen Oak, Inc. v. HendersonSupreme Court of Georgia · 1988
- J. D. Jewell, Inc. v. HancockSupreme Court of Georgia · 1970
- Newport Timber Corp. v. FloydSupreme Court of Georgia · 1981
30 more not listed; retrieve them via the Exa API.