Elliott v. Hall
Supreme Court of Alabama
Writ of Error to the County Court of Mobile. The writ is at the suit of Hall against Elliott, and requires the latter to appear and answer to the plaintiff in a plea of trespass. The endorsement upon the writ is, that the action is brought to recover damages done by the defendant to the plaintiff by removing locks and portions of locks from the doors, and otherwise injuring the plaintiff’s house.
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Writ of Error to the County Court of Mobile. The writ is at the suit of Hall against Elliott, and requires the latter to appear and answer to the plaintiff in a plea of trespass. The endorsement upon the writ is, that the action is brought to recover damages done by the defendant to the plaintiff by removing locks and portions of locks from the doors, and otherwise injuring the plaintiff’s house. The declaration is in trespass, for breaking and entering into a dwelling-house of the plaintiff in the city of Mobile, and avers that the defendant took and held possession of the house for a long…
1Opinion of the Court
GOLDTHWAITE, J
When the County Court was established in 1807, it was excluded from all jurisdiction over real actions, actions of ejectment, and of trespass quare clausum fregit. [Dig. 207, § 5.] When .this Court was reconstituted in 1819, it was invested with concurrent jurisdiction with the Circuit Court, of all actions of debt, assumpsit, case, covenant, trespass, and assault and battery. [Ib. § 7.] We think the evident intention of the Legislature, by the use of the term trespass in this connexion, was, to invest the Court with jurisdiction of the action of trespass, as a remedy for…
2Cited by1 opinion
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