Rogers v. Brooks
Supreme Court of Alabama
Appeal from Circuit Court of Montgomery. Tried before tlie Hon. John P. Hubbard. This was an action brought by the appellant, C. T. Rogers, against the appellee, J. D. Brooks; and sought to recover the statutory penalty for willfully and knowingly cutting trees upon the land of the plaintiff, without her consent.
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Appeal from Circuit Court of Montgomery. Tried before tlie Hon. John P. Hubbard. This was an action brought by the appellant, C. T. Rogers, against the appellee, J. D. Brooks; and sought to recover the statutory penalty for willfully and knowingly cutting trees upon the land of the plaintiff, without her consent. The amended complaint was in the following language: “The plaintiff claims of the defendant the sum of twenty thousand dollars ($20,000.00) damages for that the defendant on the 23d day of April, 1890, and on divers other days and times between that day and the commencement of this…
1Opinion of the CourtThobington, J.
This action is based on the provisions of section 3296 of the Code, and was brought by appellant against appellee to recover the statutory penalty for willfully and knowingly cutting trees without consent of the owner of the land.
The complaint alleges appellant’s ownership of the land, specifies the kind of trees willfully and knowingly cut by defendant from the lands without plaintiff’s consent, and also avers that defendant was, at the time of the cutting, in possession of the land as appellant’s tenant.
There was a demurrer to the complaint on the ground that it did not show plaintiff’s…
2Cases cited8 opinions
- Cooper v. WatsonSupreme Court of Alabama · 1882
- Whilden & Sons v. Merchants' & Planters' National BankSupreme Court of Alabama · 1879
- Allison v. LittleSupreme Court of Alabama · 1890
- Beatty v. BrownSupreme Court of Alabama · 1884
- Blackburn v. BakerSupreme Court of Alabama · 1838
3 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- White, McLane & Morris v. FarrisSupreme Court of Alabama · 1899
- Aldrich Mining Co. v. PearceSupreme Court of Alabama · 1910
- Stoer v. Ocklawaha River Farms Co.Supreme Court of Alabama · 1931
- Rogers v. BrooksSupreme Court of Alabama · 1894
- Williams v. LyonSupreme Court of Alabama · 1913
14 more not listed; retrieve them via the Exa API.