Kelly & Roberts v. Robb
Texas Supreme Court
Error from Trinity. Tried below before the Hon. John R. Kennard. Suit by S. T. Robb against J. F. Kelly and J. W. Roberts, filed in the district court of Trinity county May 9, 1881, to enjoin the defendants from cutting and removing oalc timber from plaintiff’s land, and for damages. A writ of injunction was sued out. Defendants filed a general demurrer and motion to dissolve the injunction, and a general denial.
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Error from Trinity. Tried below before the Hon. John R. Kennard. Suit by S. T. Robb against J. F. Kelly and J. W. Roberts, filed in the district court of Trinity county May 9, 1881, to enjoin the defendants from cutting and removing oalc timber from plaintiff’s land, and for damages. A writ of injunction was sued out. Defendants filed a general demurrer and motion to dissolve the injunction, and a general denial. Judgment, May 1,1882, for plaintiff, perpetuating the injunction, and for §180 damages. The judgment recited that the defendants failed to appear, but the court passed on and…
1Opinion of the Court
Stayton, Associate Justice.
This suit' was brought by Robb against Kelly & Roberts, to restrain them by injunction from cutting oak timber from a tract of land which Robb alleged belonged to him, and also to recover damages for timber which it was alleged they had cut prior to the institution of the suit.
The petition alleged that the plaintiff had, prior to the institution ■of the suit, sold to the defendant Kelly all the “saw timber” on the land, and that by “saw timber” at the place where the contract was made, and among persons engaged in the lumber business, was meant such jyine timber as…
2Cited by4 opinions
- Poe v. FergusonCourt of Appeals of Texas · 1914
- Nelson v. DowntainCourt of Appeals of Texas · 1922
- Butcher v. SmithCourt of Appeals of Texas · 1917
- Houston Packing Co. v. GriffithCourt of Appeals of Texas · 1912