Gulf Yellow Pine Lumber Co. v. Monk
Supreme Court of Alabama
Appeal from Geneva Circuit Court. Heard before Hon. H. A. Peakce. Action by H. M. Monk against tbe Gulf Yellow Pine Lumber Company. From a judgment for plaintiff, defendant appeals. H. M. Monk sued the Gulf Yellow Pine Lumber Company for trespass for entering upon certain lands described in the complaint, and for trover by it for the conversion of 115 pine trees, the property of the plaintiff.
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Appeal from Geneva Circuit Court. Heard before Hon. H. A. Peakce. Action by H. M. Monk against tbe Gulf Yellow Pine Lumber Company. From a judgment for plaintiff, defendant appeals. H. M. Monk sued the Gulf Yellow Pine Lumber Company for trespass for entering upon certain lands described in the complaint, and for trover by it for the conversion of 115 pine trees, the property of the plaintiff. Tt is alleged in the complaint that both counts refer and relate to the same subject-matter. The first ground of demurrer interposed ivas that the first count was in trespass and the second in trover,…
1Opinion of the CourtMcCLELLAN, J.
— The complaint, after amendment, contained two counts, viz., one in trespass quare clausum fregit and one in trover. For the reasons sets forth in Gulf Pine Co. v. Urquhart, 151 Ala. 452, 44 South. 555, the demurrer, taking the point of misjoinder, should have been sustained.
The order of the court granted the defendant (appellant) 20 days from the adjournment thereof to have signed its bill of exceptions. It does not appear anywhere in the transcript when the court adjourned; and the date on Avhich the purported bill Avas signed Avas more than 20 days after the date on Avhich the court…
2Cases cited2 opinions
- Anniston Electric & Gas Co. v. CooperSupreme Court of Alabama · 1902
- Gulf Yellow Pine Co. v. UrquhartSupreme Court of Alabama · 1907