Pike v. Elliott
Supreme Court of Alabama
Appeal from the' Circuit Court of Talladega. Tried before tbe Hon. Nat. Cook. The complaint in this case was as follows: “John C. Elliott'i The plaintiff claims of the defendant vs. Vfive hundred dollars, as damages for James A. Pike.) trespasses by defendant to .the close ■situated on the following lands, to-wit — the south-east quarter of section twenty-five, township seventeen, range fourteen — which said close was in the possession of the plaintiff; and for pulling down…
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Appeal from the' Circuit Court of Talladega. Tried before tbe Hon. Nat. Cook. The complaint in this case was as follows: “John C. Elliott'i The plaintiff claims of the defendant vs. Vfive hundred dollars, as damages for James A. Pike.) trespasses by defendant to .the close ■situated on the following lands, to-wit — the south-east quarter of section twenty-five, township seventeen, range fourteen — which said close was in the possession of the plaintiff; and for pulling down the fence around said close, treading down the grass and corn of the plaintiff, and with cattle eating up- and…
1Opinion of the CourtStone, J.
It is objected to the complaint in this case, that it does not aver that the land on which the alleged trespass was committed is in Talladega county. We have compared the complaint with the form furnished by the Code, (page 555,) and-find that it contains every material requisite expressed in the form. The form, like the present complaint, omits all mention of the venue, or situs of the locus in quo. The complaint, being a substantial copy of the form given in the Code, must, under our previous decisions, be held sufficient. — Noles v. The State, 24 Ala. 672; Letondal v. Huguenin, 26 ib. 552;…
2Cases cited2 opinions
- Noles v. StateSupreme Court of Alabama · 1854
- Bryant v. HutchinsonSupreme Court of Alabama · 1857
3Cited by3 opinions
- Brooklyn Life Insurance v. BledsoeSupreme Court of Alabama · 1875
- Elmore v. FieldsSupreme Court of Alabama · 1907
- Morris & Blair v. PoillonSupreme Court of Alabama · 1874