Goggans v. Myrick
Supreme Court of Alabama
Appeal from tlie City Court of Birmingham. Tried before the Hon. Charles A. Senn. This was an action brought by the appellee against the appellant. The complaint contained three counts.
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Appeal from tlie City Court of Birmingham. Tried before the Hon. Charles A. Senn. This was an action brought by the appellee against the appellant. The complaint contained three counts. The first count of the complaint was as follows: “The plaintiff claims of the defendant five thousand dollars damages, for that, heretofore, t-o-wit, on or about April, 1898, defendant wrongfully obstructed a certain public road which i*an through section 29, township 15, range 4 west, and as a proximate consequence thereof, plaintiff, whose homestead abutted upon said road and who owned and operated a saw…
1Opinion of the CourtSharpe, J.
This suit is for the recovery of damages for an alleged wrongful obstruction of a public road. It is personal in its nature and, therefore, of the class which under section 4205 of the Code may be brought in the county of the defendant’s residence as well as in that where the act complained of was done. The road’s location did not determine the court’s jurisdiction of the case, and was only necessary to be alleged in the complaint in such way as to notify the defendant of the cause of action. The complaint meets that requirement both in respect of the character of the wrong and of the place…
2Cited by5 opinions
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