Supreme Court of Alabama November 15, 1901 (Jernigan v. Clark)

McOLELLAN, O. J.

Action by Clark against Jernigam for statutory penalties for cutting trees. — Code, § 4137. Defendant pleaded not guilty, and specially several facts provable under the general issue, and also a plea numbered 5 which is this: “That said trees or saplings were cut for the purpose of opening a road across plaintiff’s lands after permission obtained from plaintiff for1 defendant to