Roell v. Shields
Mississippi Supreme Court
Appeal from circuit court of Rankin county. Hon. A. J. McLauein, Judge. Action by Flora Willie Shields against F. M. Roell and others. Judgment for plaintiff, and defendants appeal.
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Appeal from circuit court of Rankin county. Hon. A. J. McLauein, Judge. Action by Flora Willie Shields against F. M. Roell and others. Judgment for plaintiff, and defendants appeal. On the — day of July, 1920, this court rendered its opinion in the case of Ladner v. Ingram-Day Immher Company et al.,,85 So. 196, wherein it was held directly that the plaintiff in a suit such as the one here in question, would have to elect to rely either on the intrinsic value, or the statutory penalty for trees cut on his lands. The attorney for appellant apologizes to the court for having overlooked this…
1Opinion of the CourtHolden, J.
The appellee, Shields, sued the appellant Eoell, and recovered judgment for both the penalty and the actual value as damages for cutting the trees of the appellee. The appellant complains that the court erred in permitting the plaintiff to recover both the penalty and the actual value of the trees. The point is well taken and the judgment must be reversed.
The rule that the owner cannot recover both the'penalty and the actual value of the trees cut has been expressly announced by this court in two cases. In 1876 it was so held in Mhoon v. Greenfield, 52 Miss. 434. The court then had before it…
2Cases cited3 opinions
- Mhoon v. GreenfieldMississippi Supreme Court · 1876
- Ladnier v. Ingram Day Lumber Co.Mississippi Supreme Court · 1920
- Gilchrist-Fordney Co. v. ParkerMississippi Supreme Court · 1915
3Cited by5 opinions
- Birmingham-Trussville Iron Co. v. Allied Engineers, Inc.Supreme Court of Alabama · 1932
- Tepper Bros. v. ButtrossMississippi Supreme Court · 1937
- Floyd v. WilliamsMississippi Supreme Court · 1945
- Fleming v. Dunigan Cooperage Co.Mississippi Supreme Court · 1926
- Batson-McGehee Co. v. SmithMississippi Supreme Court · 1924