McLaughlin v. Hardwick
Alabama Court of Appeals
Appeal from St. Clair Circuit Court. Heard before Hon. J. E. Blackwood. Action instituted by W. P. Hardwick against I. V. McLaughlin, to ascertain the damages and costs for taking up and caring for cattle running at large. Judgment for plaintiff, and defendant appeals.
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Appeal from St. Clair Circuit Court. Heard before Hon. J. E. Blackwood. Action instituted by W. P. Hardwick against I. V. McLaughlin, to ascertain the damages and costs for taking up and caring for cattle running at large. Judgment for plaintiff, and defendant appeals. After the filing of the complaint, McLaughlin presented a petition showing that he was the owner of two milk cows and two yearlings, which property had been seized and was now in the possession of Hardwick, who, petitioner alleges, claims damages, fees, costs, and expenses by reason of said cattle having been taken up by him,…
1Opinion of the CourtBrown, J.
The proceeding in this case originated before a justice of the peace, and it was treated by the parties as one authorized by section 5890 et seq. of the Code of 1907, conferring jurisdiction upon justices of the peace to inquire and ascertain the amount of damages and charges to be assessed when animals are taken up while running at large and uncontrolled in a stock law district. The justice rendered judgment in favor of the plaintiff, and the case was carried to the circuit court by appeal, and was there treated as a proceeding under the statute, and we will so treat it here. Section 5894…
2Cases cited12 opinions
- Miller v. JonesSupreme Court of Alabama · 1885
- Commissioner's Court of Blount County v. JohnsonSupreme Court of Alabama · 1906
- Wiley v. StateSupreme Court of Alabama · 1897
- Cook v. Court County CommissionersSupreme Court of Alabama · 1912
- Roman v. MorganSupreme Court of Alabama · 1909
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3Cited by3 opinions
- Floyd v. StateAlabama Court of Appeals · 1917
- Hicks v. StateAlabama Court of Appeals · 1917
- Watson v. County Commission of Walker CountySupreme Court of Alabama · 1935