Lebanon v. Dillard

This suit was brought to recover damages for destruction of shade trees. Judgment was given in the trial court for the plaintiff. The Court of Appeals has reversed the case on the ground that there is no evidence to support the cause of action stated in the declaration. Writ of certiorari has been granted.

The question presented is one of pleading. 'The language of the declaration was as follows:

“On the date aforesaid, the defendant, without authority of .law and without notice, went, by and through its authorized agent, upon the premises of plaintiff, and wantonly, wrongfully and unlawfully…