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PEOPLE EX REL. DIRECTOR OF CONSERVATION v. CLEMENT

Docket No. 13, Calendar No. 47,633.

356 Mich. 314 (1959)

96 N.W.2d 804

PEOPLE, ex rel. DIRECTOR OF CONSERVATION, v. CLEMENT.

Supreme Court of Michigan.

Decided June 5, 1959.

Attorney(s) appearing for the Case

Paul L. Adams, Attorney General, Samuel J. Torina, Solicitor General, Nicholas V. Olds and Fredric S. Abood, Assistants Attorney General, for plaintiff.

George S. Baldwin, for defendant.

DETHMERS, C.J.

Plaintiff commenced suit on May 31, 1957. It is founded on CL 1948, § 322.132 (Stat Ann 1958 Rev § 13.593[2]) for regular damages, and CLS 1956, § 322.133 (Stat Ann 1958 Rev § 13.593 [3]) for treble damages for trespass by defendant on State-owned lands and removal of timber therefrom during the period, as alleged in the declaration, from May 1, 1953, to November 10, 1953.

Defendant moved to dismiss for the reason that the...

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