Brewer v. Kaul Lumber Co.

Bill to Enjoin Trespass and for Damages. 1. Equity; Decree Pro Oonfesso; Evidence. — Evidence of recoverable damages is necessary in a bill for trespass, notwithstanding the taking of a decree pro confesso. 2. Trespass; Persons Liable. — Where the bill was filed against B., M. and P. for trespass on land by cutting and removing timber therefrom, and the evidence showed that P. alone caused the injury complained of, before either B. or M. was associated with him, said B. and M. were not liable, and the money judgment should have been confined to P.

Appeal from Shelby County Court. Heard before Hon. E. S. Lyman. Bill by the Kaul Lumber Company against J. R. Phillips and others to enjoin a trespass and for a recovery of damages. From a decree for complainant, the respondents Brewer and Moore appeal. The bill alleges that complainant is the owner of certain lands, valuable only for timber purposes, and that respondents own and operate a sawmill on adjoining lands, and have entered upon, wrongfully and unlawfully cut and carried away timber from said land; that the trespasses have been repeated and continued, although respondents and their agents and servants have been repeatedly warned not to do so. The bill alleges that Phillips was alone until the 19th day of October, 1913, but since that time has associated with him Brewer and Moore, and that they, together with Phillips, have continued to trespass. There was decree pro confesso, and, after proof taken as to the damage, judgment was entered decreeing a money judgment of $225 against respondents named.