Legal Opinion

Hardeman v. Williams

Supreme Court of Alabama

Decided November 24, 1910PublishedCited by 31 opinions

Trespass to Realty. Appeal from Mobile Circuit Court. 'Heard before Hon. Samuel B. Browne. Action by Sallie Williams against B. F. Hardeman, individually, and as doing business under the name of J. O. Bell. From a judgment for plaintiff, defendant appeals. The first count is for assault and battery, as are the third and fourth. The fifth and sixth are for trespass to land. The other counts sufficiently appear in the opinion.

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Trespass to Realty. Appeal from Mobile Circuit Court. 'Heard before Hon. Samuel B. Browne. Action by Sallie Williams against B. F. Hardeman, individually, and as doing business under the name of J. O. Bell. From a judgment for plaintiff, defendant appeals. The first count is for assault and battery, as are the third and fourth. The fifth and sixth are for trespass to land. The other counts sufficiently appear in the opinion. The' facts as they appear in the record are substantially as set out in the second appeal in this case. The following charges Avere given at the instance of the…

1Opinion of the CourtSayre, J.

We have heretofore had occasion to consider this case. — Hardeman v. Williams, 150 Ala. 415, 43 South. 726, 10 L. R. A. (N. S.) 653; 157 Ala. 422, 48 South. 108. The complaint which first came here counted upon an assault and battery. When it was here last the complaint had been amended by adding counts A and B. On the last appeal nothing was considered but the propriety of the judgment of the circuit court setting aside a verdict which had been rendered on a second trial. The record proper has remained unchanged since then. The trial court had overruled demurrers to the added counts, and…

2Cases cited4 opinions

  1. Leach, Harrison & Forwood v. BushSupreme Court of Alabama · 1876
  2. Hardeman v. WilliamsSupreme Court of Alabama · 1907
  3. Hardeman v. WilliamsSupreme Court of Alabama · 1908
  4. Henry v. CarltonSupreme Court of Alabama · 1896

3Cited by31 opinions

  1. United States Fidelity & Guaranty Co. v. MillonasSupreme Court of Alabama · 1921
  2. National Park Bank v. L. & N. R. R.Supreme Court of Alabama · 1917
  3. Republic Iron & Steel Co. v. SelfSupreme Court of Alabama · 1915
  4. Foust v. KinneySupreme Court of Alabama · 1918
  5. United States Steel Co. v. ButlerSupreme Court of Alabama · 1953

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