KYLE, J.
The appellant, Kirk Strawbridge, as plaintiff, filed a declaration in the Circuit Court of Monroe County against the appellee, Clarence Day, as defendant, seeking to recover actual damages and the statutory penalty for the wrongful cutting of trees on the appellant's lands. The case was tried at the March 1956 term of the court, and the jury was unable to agree on a verdict. A mistrial was entered, and the case was again tried at the October 1956 term of...
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