Woolf v. McGaugh
Supreme Court of Alabama
Appeal from Montgomery Circuit Court. Heard before Hon. W. W. Pearson. Action by B. Wolff and others, against Paul Mc-Gfaugh, for damages for trespass to realty. Judgment for plaintiff in the justice court, and on appeal to the circuit court, defendant was allowed to file a plea to the jurisdiction, and plaintiff reserves the question.
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Appeal from Montgomery Circuit Court. Heard before Hon. W. W. Pearson. Action by B. Wolff and others, against Paul Mc-Gfaugh, for damages for trespass to realty. Judgment for plaintiff in the justice court, and on appeal to the circuit court, defendant was allowed to file a plea to the jurisdiction, and plaintiff reserves the question. The plea sought to be interposed merely challenged the jurisdiction of the court over the defendant, and not over the subject matter. — Freeman v. McBroom, 11 Ala. 493; Branch Bank v. Rwlieclge, 13 Ala. 196; Thompson v. Glopton, 31 Ala. 647; Johnson v. Shaw, 31…
1Opinion of the CourtSayre, J.
In their complaint in this action, Avhich Avas begun before a justice of the peace in Montgomery county, the plaintiffs claimed of the defendant “the sum of $100 mesne profits as damages for a trespass committed by him” on certain lands in Lowndes county, “which are in the possession of the plaintiffs and upon which the defendant unlawfully entered, thereby putting a tenant upon said lands, renting the same out, and collecting from said tenant said rents for the years 1906, 1907, 1908, and 1909.” Judgment Avent for plain*302tiffs. Upon appeal in the circuit court, the defendant offered to file a…
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