State v. Addington

• Decision Date: 12 October 1897
• Citation: 27 S.E. 988,121 N.C. 538
• Parties: STATE v. ADDINGTON.
• Court: North Carolina Supreme Court

27 S.E. 988

121 N.C. 538

STATE v. ADDINGTON.

Supreme Court of North Carolina

October 12, 1897

Appeal fro superior court, Beaufort county; Bryan, Judge.

Criminal action against F. A. Addington. On appeal from a justice of the peace, where defendant was convicted, verdict was directed in his favor, and the state appeals. Affirmed.

Criminal action, commenced before a justice of the peace, charging the defendant with violating chapter 173 of the Acts of 1895, as amended by an act ratified March 2, 1897. The defendant was held guilty by the justice of the peace, and appealed to the superior court from the judgment rendered. In the superior court the jury found a special verdict as follows:

"(1) That the Baltimore & North Carolina Land & Lumber Company is a corporation created by the laws of North Carolina, and engaged in sawing and manufacturing lumber in Beaufort county, and the defendant is its vice president. That, for the purpose of supplying logs for its mill, the company has purchased standing timber. (2) That said corporation on the 28th of November, 1896, purchased from Hardison certain standing timber, and paid therefor the full consideration charged, prior to March 2, 1897. That the contract of purchase was filed for registration on December 4, 1896 and duly recorded, and made a part of this special verdict and is as follows:

'This deed, made on this 28th of November, 1896, by Bryan Hardison and wife, parties of the first part, to the Baltimore and North Carolina Lumber Co., a corporation organized under the laws of N. C., party of the second part, witnesseth: That the parties of the first part, in consideration of two hundred and seventy-five dollars, $25 of which is now paid, and $250 to be paid by the party of the second part when it shall begin to remove the timber herein conveyed from the land hereinafter described, the said parties of the first part have bargained and sold unto the said party of the second part, its successors and assigns, all the pine and poplar timber of and above the size of 12 inches in diameter at the stump when cut, now standing or growing, or which may be during the ensuing term of five years standing and growing upon the tract of land [describing it]. And the parties of the first part grant unto the party of the second part rights of entry and way across the lands as may be necessary for constructing railroads to be used in removing the timber from said land or from any other land owned and controlled by the party of the second part, so long as it may require, if for use in removing the timber from other lands, and also grant the right to erect tracks, buildings, and fixtures upon the land, to be used for the object hereinafter set forth, and the right to remove the same at pleasure, and also grant the full term of five years from this date within which to cut and remove the timber; and it is understood and agreed that the party of the second part may cut such of the timber on said land under the size of 12 inches as may be necessary for constructing and maintaining the railroads and operating the same, and removing the timber. It is agreed that the several rights of way herein conveyed are to be located by the party of the second party, and that the timber on the land shall not be cut over but one time and the parties of the first part hereby except from the operation of this deed fifteen pitch or long-leaf pine trees on the land, the same to be selected by said Hardison before the party of the second part begins to cut the timber herein conveyed. To have and to hold the pine and poplar timber as specified and described, together with all the rights of way herein granted to the party of the second part,' etc., with covenants of warranty. This deed was registered Dec. 7, 1896. (3) That said corporation prior to March 2, 1897, had cut and removed from said land a part of the timber, and had measured the same. That all of the timber upon the tract was cut before April 9, 1897, the date of the commission of J. J. Hodges, the inspector. The timber upon the Hardison tract was cut partly by C. C Joiner and partly by Woolard Bros. C. C. Joiner was paid a monthly salary by said corporation, and was not paid by the thousand feet for timber cut by himself or his employés. Joiner paid his cutters 40 cents per thousand feet, and the timber so cut was hauled to the railroad by defendant company, and the hauling was paid for by the day, and not by the thousand feet of timber. A part of the timber upon the tract was cut after March 2, 1897. Woolard Bros. were paid by the corporation $1.75 per thousand feet for timber cut and delivered by them upon the skid ways of the corporation along its railroad track. Woolard Bros. paid their cutters 40 cents per thousand feet for timber cut on the Hardison land. The timber was hauled to the railroad and the hauling was paid for by the day. A part of the timber cut by the employés of Woolard Bros. was cut and measured before March 2, 1897, and a part was cut and measured after that day. All of the timber cut by Joiner or by Woolard Bros. was cut before April 9, 1897. (4) That the rules used in the measurement of logs in Eastern North Carolina are...