McClendon v. Tompkins

Opinion op the Court by

Judge Miller —

Affirming.

The appellant, J. R. McClendon, brought this action against Garnett Tompkins and Mary McClendon to recover $250 damages for trespass and cutting timber from a tract of land containing 80 acres, lying in Pulaski County, and for an injunction to prevent appellees from further trespassing thereon. The case was tried by a jury. At the end of appellant’s testimony, the court sustained appellees’ motion for a peremptory instruction, and directed the jury to find a verdict for the defendants, which was done; and from a judgment upon that verdict the…