Whitecraft v. Vanderver
Illinois Supreme Court
This was an action of debt brought in the Christian Circuit Court, to recover a penalty under the statute for cutting trees.
Read the full summary
This was an action of debt brought in the Christian Circuit Court, to recover a penalty under the statute for cutting trees. The declaration contains but one count, which is as follows: that they (the defendants) render unto the plaintiff the sum of eleven hundred and sixty-six dollars, which" they owe to and unjustly detain from him;—For that whereas heretofore, to wit, on &c., and from thenceforward continually, until the bringing of this suit, at &c., the said plaintiff was the owmer of certain land (describing it) and that the said defendants, on, &c., and on divers other days and times,…
1Opinion of the CourtTrumbull, J.
All the facts stated in the declaration may be true, and yet the defendants below have committed no act that would subject them to this action. It is not alleged that they felled the trees without having first obtained permission so to do from the owner of the land, nor even that they did the acts complained of with force and arms, or unlawfully.
The declaration, after setting forth the felling of the trees on the land of the plaintiff, alleges, that “by force of the statute in such case made and provided, an action hath accrued, &c.” There is no statute giving an action of debt in such a case…
2Cases cited1 opinion
- Teel v. YellisNew York Supreme Court · 1809
3Cited by16 opinions
- Gardner v. LovegrenWashington Supreme Court · 1902
- Barnes v. JonesCalifornia Supreme Court · 1876
- Lane v. RuhlMichigan Supreme Court · 1894
- Menasha Woodenware Co. v. Spokane International Railway Co.Idaho Supreme Court · 1911
- Watkins v. GaleIllinois Supreme Court · 1851
11 more not listed; retrieve them via the Exa API.