Mauldin v. Clark

Citations

• 79 Cal. 51
• 21 P. 361
• 1889 Cal. LEXIS 668

Syllabus

<p>Trover—Waste — Cutting of Timber —Judgment in Ejectment—Bes Adjudicata — Nonsuit.—A claim of damages for waste committed in the cutting of timber is only for injury to the real estate; and a recovery in an action of ejectment in which such claim was made is no bar to a subsequent action of trover brought by the plaintiff in ejectment against the defendant for the conversion of cord-wood into which the timber was cut by the defendant after it was severed from the realty and became personal property. The judgment in ejectment is not evidence for any purpose in the action of trover, and if no other proof is given of plaintiff’s ownership of the cord-wood than said judgment, the defendant is entitled to a nonsuit. (Per Works, J.; other justices concurring specially, but not agreeing as to the ground of decision.)</p>