J. F. Ball & Bro. Lumber Co. v. Simms Lumber Co.
Supreme Court of Louisiana
Appeal from Thirteenth District Court, Parish of Grant; Wilbur Fisk Blackman, Judge. Action by J. F. Ball & Bro. Lumber Company against the Simms Lumber Company. Judgment for plaintiff for less than the amount claimed, and it appeals.
1Opinion of the CourtMonroe, J.
Plaintiff sued for the value, as manufactured into lumber, of 235,406 feet of pine timber, which it alleges defendant in bad faith cut upon its land and appropriated to its own use. It was admitted that defendants have cut and appropriated 155,000 feet of plaintiffs’ timber, _ and the latter abandoned its claim for anything over that amount; the question left for decision being whether the timber should be paid for as stumpage, or as lumber, and, in either case, at what valuation.
The judge a quo gave judgment for plaintiff (upon a stumpage valuation) for $620, being at the rate of $4 per…
2Cases cited6 opinions
- St. Paul v. Louisiana Cypress Lumber Co.Supreme Court of Louisiana · 1906
- Guarantee Trust & Safe Deposit Co. v. E. C. Drew Investment Co.Supreme Court of Louisiana · 1901
- State v. PetermanSupreme Court of Louisiana · 1908
- Foote v. RobertsThe Superior Court of New York City · 1867
- Gardere v. BlantonSupreme Court of Louisiana · 1883
1 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Pittsburgh & West Virginia Gas Co. v. Pentress Gas Co.West Virginia Supreme Court · 1919
- Elder v. EllerbeSupreme Court of Louisiana · 1914
- Harang v. Bowie Lumber Co.Supreme Court of Louisiana · 1919
- Cooke v. Gulf Refining Co.Supreme Court of Louisiana · 1914
- Cummer-Graham Co. v. MaddoxTexas Supreme Court · 1956
9 more not listed; retrieve them via the Exa API.