Nield v. Burton

Plaintiff sued defendants, who are Canadian timber merchants, for the conversion of timber cut by Donald Cameron on plaintiff’s land in the Upper Peninsula-, and sold to defendants by Cameron. The defence allowed, in the circuit court was that plaintiff had elected to waive-the tort and pursue Cameron in assumpsit, for the value of the timber.

Suit was brought by attachment in plaintiff’s name as a British subject residing in England, against Cameron as á resident of Marquette, in the United States Circuit Court for the Western District of Michigan, and levy was made on the property in dispute…