Gilmore v. Lyon Lumber Co.

On Motion to Dismiss Appeal.

OVERTON, J.

Plaintiff instituted this suit against the defendant to recover $2,500, alleged to be due him as damages, both actual and punitive, for the cutting and removing of timber from certain lands belonging to him and the intervener, Joseph C. Gilmore.

Plaintiff alleges that the intervener transferred to him his claim for damages against the defendant. The intervener in his petition recognizes this transfer. The intervention also contains a call in warranty, which was .dismissed in the lower court on exception, but whiph it is unnecessary to further mention here…