Higdon v. Kennemer
Supreme Court of Alabama
Appeal from tlie City Court of Bridgeport; Tried before'the Hon. William L. Stephens. •' . The facts of tlie case are sufficiently stated in the opinion. The deed having been admitted without objection at the time, the motion to exclude, made after the evidence had closed, came too late. — Ladd v. Smith, 10 So. Rep. 836 ; Stovall v. Fowler, 72 Ala. 77 ; Torrey v. Forbes, 94 Ala. 135 ; Black v. T. C., L. &R.R.
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Appeal from tlie City Court of Bridgeport; Tried before'the Hon. William L. Stephens. •' . The facts of tlie case are sufficiently stated in the opinion. The deed having been admitted without objection at the time, the motion to exclude, made after the evidence had closed, came too late. — Ladd v. Smith, 10 So. Rep. 836 ; Stovall v. Fowler, 72 Ala. 77 ; Torrey v. Forbes, 94 Ala. 135 ; Black v. T. C., L. &R.R. Go., 93 Ala. 109 ; Cooper v. Watson, 73 Ala. 252 ; Riggs v. Fuller, 54 Ala. 141. The entire testimony proves clearly and be_yond controversy that plaintiff was the owner of the land on…
1Opinion of the CourtMcCLELLAN, J.
This is an action in debt by Higdon against Kennemer to recover the statutory penalty for cutting trees on the land of another without the consent of the owner. — Code of 1886, § 3296. The trial was had by the judge of the city court without jury; and he found for the defendant, and judgment was entered accordingly.
There was some evidence tending to show that at one time the plaintiff consented to the cutting of the trees ; but on the occasion when they were cut he was present and expressly forbade the defendant to cut them. The original consent having,- on the facts in evidence, no element…
2Cases cited7 opinions
- Moon's Adm'r v. CrowderSupreme Court of Alabama · 1882
- McCalman v. StateSupreme Court of Alabama · 1892
- McCleary v. AnthonyMississippi Supreme Court · 1877
- Nelson v. MatherSupreme Court of Kansas · 1869
- Watson v. SimmonsSupreme Court of Alabama · 1890
2 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Wright v. StateSupreme Court of Alabama · 1902
- Mobile, J. &. K. C. R. R. v. HawkinsSupreme Court of Alabama · 1909
- Burkett v. NewellSupreme Court of Alabama · 1924
- Higdon v. KennemerSupreme Court of Alabama · 1897
- Barron v. Mobile & Ohio RailroadAlabama Court of Appeals · 1911
1 more not listed; retrieve them via the Exa API.