Procedural Posture

Defendants sought review of an order from the Superior Court of Mendocino County (California), which entered a judgment for plaintiff landowner in an action for damages based upon the wrongful removal of timber.

Overview: consent to electronic service california

A judgment was originally found for the landowner for the "stumpage value" of timber removed. The landowner appealed and alleged an inadequate measure of damages. The judgment was reversed and the court ordered a new finding regarding damages. Defendants then appealed from that judgment. On appeal, the court affirmed the judgment as modified. The court held that it was the loss of the landowner, and not the profit of some defendants, which was the foundation for the increased measure of damages directed by the court. This view became inescapable when it was realized that the judgment there appealed from was against all defendants, and that the judgment was reversed as to all defendants without any direction that retrial to determine damages upon the higher measure be limited to the a certain group. The court also held that fairness and equity required that an amount already paid not bear interest.

Outcome

The order of the lower court was affirmed as modified regarding the amount of interest.