Koontz v. Mylius

Williams, Pkesident:

Jacob Koontz,, E. F. Phillips and John Stamm, partners trading as Koontz, Phillips & Stamm, recovered a judgment against Charles E. Mylius in an action of trespass for the cutting and removing of timber from land claimed by them, and defendant brings error. The alleged trespass was committed by defendant’s vendee, the Demp-Bell Lumber Company, a corporation, which was sued jointly with Mylius. It was not served with process, and judgment was recovered against Mylius only., Numerous errors are assigned. The one chiefly relied on is the rejection of defendant’s special pleas…