Carpenter v. Savage

Decided October 15, 1908

Mississippi Supreme Court · decided 1908-10-15

Erom the circuit court of Aleom county. Hon. Eugene O. Svkes, Judge. Savage, appellee, wasi plaintiff in the court below; Carpenter, appellant, was defendant there. The suit was for the statutory penalty (Code 1906, § 4977), fifteen dollars per tree, for forty-one poplar trees charged to have been cut by defendant on plaintiff’s land without his consent. Plaintiff died pending the suit and it was revived in the name of his administrator.

Good law ✅— No negative treatment on recordhow we know

Decided 1908-10-15

How this case has been cited

Cited by 4 later decisions — most recently October 2001

4 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Calhoon, J.,

¶1delivered the opinion of the court. We decline to consider any objections made to the action of the court below in permitting and refusing to permit the introduction of testimony, for the reason that the motion for a new trial does not. direct the attention of the court to tbe particular rulings.

¶2In this ease the plaintiff, in his action to recover the statutory penalty for cutting trees, established clearly that he was in possession under color of title, claiming as owner, and this was. enough to sustain his action. But he further proved that his title was recognized and acknowledged by the actions of the de-. fendant himself. We do not hold that the defendant might not have successfully resisted by showing a perfect title in him self or outstanding. This he did not do, nor propose to do-.

¶3Affirmed.