Hornsby v. Crossland
Supreme Court of Alabama
Error to tbe Circuit Court of Tallapoosa. Tried before tbe Hon. Ezekiel Pickens. Hornsby brought suit before a justice of tbe peace, to recover tbe value of certain pine trees wbicb Orossland bad cut and removed from bis lands, and recovered nine dollars, tbe statutory value of three trees. Crossland appealed to tbe Circuit Court, and tbe case was there tried by a jury, and a verdict rendered for fifty cents in favor of tbe plaintiff.
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Error to tbe Circuit Court of Tallapoosa. Tried before tbe Hon. Ezekiel Pickens. Hornsby brought suit before a justice of tbe peace, to recover tbe value of certain pine trees wbicb Orossland bad cut and removed from bis lands, and recovered nine dollars, tbe statutory value of three trees. Crossland appealed to tbe Circuit Court, and tbe case was there tried by a jury, and a verdict rendered for fifty cents in favor of tbe plaintiff. On this verdict, tbe court rendered judgment in favor of tbe plaintiff for fifty cents debt, and a like sum for costs; and a judgment against him for tbe…
1Opinion of the CourtLigon, J.
This action is not trespass guare clausum fregit, to recover damages for an injury done to tbe lands of tbe plaintiff; but is debt, under tbe statute, (Clay’s Dig. 581 § 2) to recover tbe value of trees cut and removed from tbe plaintiff’s premises by tbe defendant. It is not, then, an action of tort, and consequently cannot be brought under tbe influence of tbe decision of this court in tbe case of Ivey v. McQueen, 17 Ala. Rep. 408, and others cited in tbe brief of tbe plaintiff in error.
Tbe plaintiff bad tbe right to waive tbe tort, and sue in *626debt for tbe penalty given by tbe statute; and…
2Cases cited2 opinions
- Ivey v. McQueenSupreme Court of Alabama · 1850
- Dill v. PhillipsSupreme Court of Alabama · 1848