Street v. Treadwell
Supreme Court of Alabama
Appeal from Circuit Court, Clay County; Hugh D. Merrill, Judge. Action by J. C. Street against S. D. Tread-well and others. Judgment for defendants, and plaintiff appeals.
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Appeal from Circuit Court, Clay County; Hugh D. Merrill, Judge. Action by J. C. Street against S. D. Tread-well and others. Judgment for defendants, and plaintiff appeals. Transferred from Court of Appeals under section 6, Acts 1911, p. 449. Suit by plaintiff, appellant here, against defendants (appellees) to recover damages for the destruction of plaintiff’s lien, as landlord, for rent of a certain farm by plaintiff’s tenant, one Griffin, in that the defendant moved some lint cotton grown on said place, on which plaintiff had a lien, to where plaintiff is unable to enforce his lien, and said…
1Opinion of the Court
It is first insisted by appellant's counsel that prejudicial error was committed by the court in sustaining the demurrer to the complaint. It seems to be conceded by counsel that, to establish liability in a case of this character, it must be shown that the defendants had notice or knowledge of the plaintiff's lien. The original complaint was entirely silent in this respect. The assignment of demurrer taking this point uses the language, "It does not appear from said complaint that the defendants knew of plaintiff's lien," and the argument is made that this was insufficient in that it should…
Also in this document: Dissent.
2Cases cited13 opinions
- Harrington v. State Ex Rel. Van HayesSupreme Court of Alabama · 1917
- Gamble v. Black Warrior Coal Co.Supreme Court of Alabama · 1911
- Southern Railway Co. v. BuntSupreme Court of Alabama · 1901
- Lomax v. LeGrand & Co.Supreme Court of Alabama · 1877
- E. B. Piekenbrock & Sons v. KnoerSupreme Court of Iowa · 1907
8 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Nettles v. LichtmanSupreme Court of Alabama · 1934
- Louis Pizitz Dry Goods Co. v. Fidelity & Deposit Co.Supreme Court of Alabama · 1931
- Wittmeir v. LeonardSupreme Court of Alabama · 1929
- Ruffin Coal & Transfer Co. v. RichSupreme Court of Alabama · 1926
- Mt. Vernon-Woodberry Mills v. Union Springs Guano Co.Alabama Court of Appeals · 1934
10 more not listed; retrieve them via the Exa API.