Robertson v. H. Weston Lumber Co.
Mississippi Supreme Court
Appeal from circuit court of Hancock county. Hon. D. M. Graham, Judge. Action by Stokes Y. Robertson, State Revenue Agent, against the H. Weston Lumber Company. From a judgment for defendant on demurrer, complainant appeals. The first defense is the statute of limitations. We take the position that the statute of limitations has no application in this case for two reasons, and the mere statement of them is, we Relieve, sufficient argument.
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Appeal from circuit court of Hancock county. Hon. D. M. Graham, Judge. Action by Stokes Y. Robertson, State Revenue Agent, against the H. Weston Lumber Company. From a judgment for defendant on demurrer, complainant appeals. The first defense is the statute of limitations. We take the position that the statute of limitations has no application in this case for two reasons, and the mere statement of them is, we Relieve, sufficient argument. First, the state is the plaintiff, and the statute of limitations does not run against the state, Section 104, Constitution 1890; Section 3096, Mississippi…
1Opinion of the CourtEthridge, J.
The state revenue agent brings this action against the defendant on behalf of the inhabitants of certain townships for the cutting of timber on lands given in lieu of sixteenth section lands. The lands in question are situated in Hancock county, and the suit is for timber cut after the 28th day of June, 1908; it being alleged that on that day and thereafter there were standing, being, and growing on the said lands large quantities of timber, trees, saplings, and younglings of great value. The suit was brought in the name of the state of Mississippi as trustee for certain townships, it being…
2Cases cited14 opinions
- McRae v. Stillwell, Millen & Co.Supreme Court of Georgia · 1900
- Irwin v. PatchenSupreme Court of Pennsylvania · 1894
- Vandiver v. Byrd-Matthews Lumber Co.Supreme Court of Georgia · 1916
- Griffin v. Anderson-Tully Co.Supreme Court of Arkansas · 1909
- Shippen Bros. Lumber Co. v. GatesSupreme Court of Georgia · 1911
9 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- State Ex Rel. Carmichael v. JonesSupreme Court of Alabama · 1949
- Cooley v. Meridian Lumber Co.Supreme Court of Louisiana · 1940
- State Ex Rel. Rice v. StewartMississippi Supreme Court · 1938
- Doherty v. Harris Pine Mills, Inc.Oregon Supreme Court · 1957
- Pickering v. Langston Law Firm, P.A.Mississippi Supreme Court · 2012
9 more not listed; retrieve them via the Exa API.