Bozarth v. Paschall
Supreme Court of Georgia
Equitable petition. Before Judge Sheppard. McIntosh superior court. October 13, 1923. J. E. Paschall and E. M. Thorpe brought suit against TJ. A. Eogers and Frank D. Bozarth, for the purpose of enjoining them from trespassing upon designated lands and cutting timbers; and for damages for the value of timbers already cut.
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Equitable petition. Before Judge Sheppard. McIntosh superior court. October 13, 1923. J. E. Paschall and E. M. Thorpe brought suit against TJ. A. Eogers and Frank D. Bozarth, for the purpose of enjoining them from trespassing upon designated lands and cutting timbers; and for damages for the value of timbers already cut. The defendants contended, by way of answer, that all of the timber already cut and being cut was authorized by the lease contract executed by the petitioners to other parties, and by the latter assigned to the defendants. The lease contract provided, that “the time limit of…
1Opinion of the CourtGilbert, J.
1. The verdict is supported by evidence. The jury returned the following verdict: “We, the jury, find for the plaintiff the injunction as prayed, and we further find for the plaintiff damages as follows: Log stumpage for 99,611 feet at 2.00 per thousand, $392.22; cross-ties stumpage for 429 ties at 25c, $107.25; telephone-poles stumpage for 142 poles at 40c $56.80; total five hundred fifty-six and 27/100 dollars.” There is manifest clerical error in the amount of money calculated for 99,611 feet log stumpage at $2.00 per thousand. In the verdict it is stated as $392.22. This should have been…
2Cases cited1 opinion
- May v. SorrellSupreme Court of Georgia · 1922
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- ROBERTS MARBLE COMPANY v. BridgesSupreme Court of Georgia · 1952