Moody v. McClelland
Supreme Court of Alabama
Appeal from the Circuit Court of Tuskaloosa. Tried, before the Hon. Wu. S. Mudd. This action was brought by John McClelland, against "Washington Moody, and was commenced on the 1st September, 1860. The complaint contained, originally, four counts,‘the third of which was in the following words: “3. And the said plaintiff claims of the said defendant the further sum of three thousand dollars, as damages, because he says that, on the 20th day of July, 1860, being the sole owner…
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Appeal from the Circuit Court of Tuskaloosa. Tried, before the Hon. Wu. S. Mudd. This action was brought by John McClelland, against "Washington Moody, and was commenced on the 1st September, 1860. The complaint contained, originally, four counts,‘the third of which was in the following words: “3. And the said plaintiff claims of the said defendant the further sum of three thousand dollars, as damages, because he says that, on the 20th day of July, 1860, being the sole owner and proprietor of a brick -house, in which he then' resided with his family, and in which he conducted his business as…
1Opinion of the CourtR. W. Walker, J.
This case requires at our bands some examination of tbe law governing actions for injuries to land, or to artificial erections built upon it, resulting from excavations, or other like acts, done upon adjoining premises; a subject wbicb, as our Beports show, this court has heretofore had little occasion to consider. One of the earliest attempts at an explanation of the law on this head, to be found in the books, may still be cited as a correct statement of the leading principles applicable to this class of actions. In 2 Bolle’s Abr. (Trespass 1, pi. 1, (a), p. 564,) it is said: “If A., seized…
2Cases cited12 opinions
- Parker & Edgarton v. FooteNew York Supreme Court · 1838
- Panton v. HollandNew York Supreme Court · 1819
- Lasala v. HolbrookNew York Court of Chancery · 1833
- Partridge v. . Gilbert and OthersNew York Court of Appeals · 1857
- Mahan v. BrownNew York Supreme Court · 1835
7 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Walker v. StrosniderWest Virginia Supreme Court · 1910
- Neyman v. PincusMontana Supreme Court · 1928
- Parker v. HodgsonSupreme Court of Alabama · 1911
- Hall v. BrazletonSupreme Court of Alabama · 1867
- Myer v. HobbsSupreme Court of Alabama · 1876
9 more not listed; retrieve them via the Exa API.