Cathcart v. Malone

This suit originated in a Justice of the Peace Court in De Kalb County and was for damages for wilfully and maliciously cutting and destroying two shade trees. The case was appealed to the Circuit Court and there tried before the Circuit Judge without a jury and resulted in a judgment in favor of the plaintiff T. M. Cathcart and against the defendant Stratton Malone for $350.00 and the costs.

The defendant has perfected an appeal in error to this Court and has assigned errors.

*95The facts are that the plaintiff and the defendant are owners of adjoining land in De Kalb Oonnty and there is a…