Glidden v. Street
Supreme Court of Alabama
Appeal from Talladega Circuit Court. Tried before Hon. Leroy E. Box. This was an action of trespass quare clausum fregit brought by the appellee against the appellant; was commenced on 4th February, 1874, and w,as tried on the 21st January, 1881. The jury returned a verdict for the appellee, which, as appears from the judgment entry, is in these words : “We, the jury, find for the plaintiff and assess damages at $18.75, with interest from the 4th day of February, 1874.” The…
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Appeal from Talladega Circuit Court. Tried before Hon. Leroy E. Box. This was an action of trespass quare clausum fregit brought by the appellee against the appellant; was commenced on 4th February, 1874, and w,as tried on the 21st January, 1881. The jury returned a verdict for the appellee, which, as appears from the judgment entry, is in these words : “We, the jury, find for the plaintiff and assess damages at $18.75, with interest from the 4th day of February, 1874.” The judgment entry then shows, that the clerk, under the direction of the court, computed the interest from 4th February,…
1Opinion of the CourtBrickell, C. J.
The judgment of the Circuit Court must be reversed, and here corrected, upon the authority of Jean v. Sandiford, 39 Ala. 317. The damages assessed in an action quare clausum fregit do not bear interest until after they have been ascertained by verdict and judgment. Then the judgment, a merger of the damages, will bear interest from the day of its rendition. The verdict here ascertained a particular sum as the amount of the damages the plaintiff had suffered from the trespass. All that is said in reference to interest should have been rejected as surplusage, and judgment rendered for the sum…
2Cases cited1 opinion
- Jean v. SandifordSupreme Court of Alabama · 1864
3Cited by6 opinions
- Atlanta & Birmingham A. L. Ry. v. BrownSupreme Court of Alabama · 1908
- Grand Bay Land Co. v. SimpsonSupreme Court of Alabama · 1922
- Lapeyrouse Grain Corp. v. TallantSupreme Court of Alabama · 1983
- Alabama Power Co. v. AllenSupreme Court of Alabama · 1928
- Crass v. Scruggs & Co.Supreme Court of Alabama · 1896
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