Cushing v. Dill
Illinois Supreme Court
This cause was originally commenced before a justice of the peace, and removed by appeal, to the Edgar Circuit Court, where the cause was tried at the March term, 1840, before the Hon. Justin Harlan, without a jury, and judgment rendered for the plaintiff for $ 64, debt and costs. The defendant appealed to this Court.
1Opinion of the CourtWilson, Chief Justice
In an action of debt by Dill against Cushing to recover the penalty given by the “ Act to prevent trespassing, by cutting Timber,” (1) the testimony proved that the trees sued for were cut upon the land of Dill; not, however, by Cushing in person, but by those employed by him to cut and hew timber; that he directed them to cut the timber on his own land, and cautioned them against cutting timber on any other person’s land, and after it was hewed, it was appropriated by the persons in his employ to his use. It does not appear that he showed the workmen the lines of his land, or designated it…
2Cited by3 opinions
- Williams v. HendricksSupreme Court of Alabama · 1897
- Aaron v. HendricksonAppellate Court of Illinois · 1991
- Longyear v. GregoryMichigan Supreme Court · 1896