Stockburger Bros. v. Aderholt
Supreme Court of Alabama
Appeal from St. Clair Circuit Court. Heard before Hon. J. E. BLACKWOOD. Action by D. A. Aderholt against Stockburger Bros, and the members composing the firm for trespass to realty and the statutory penalty for cutting trees. Judgment for plaintiff, and defendants appeal. Transferred from the Court of Appeals under section 6, p. 449, Acts of 1911. Count 1 was for money had and received. Count 2 was for trespass upon the lands therein described.
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Appeal from St. Clair Circuit Court. Heard before Hon. J. E. BLACKWOOD. Action by D. A. Aderholt against Stockburger Bros, and the members composing the firm for trespass to realty and the statutory penalty for cutting trees. Judgment for plaintiff, and defendants appeal. Transferred from the Court of Appeals under section 6, p. 449, Acts of 1911. Count 1 was for money had and received. Count 2 was for trespass upon the lands therein described. Count 3 is as follows: Plaintiff claims of defendant the statutory penalty of * * * for cutting, deadening, and carrying away 142 pine trees, or other…
1Opinion of the CourtGardner, J.
Count 3 of the complaint seeks recovery of the statutory penalty for cutting trees, under section 6035 of the Code of 1907. Count 1 was eliminated by charge of the *57court; and count 2 sought recovery for trespass to the lands, and for the cutting of the timber.(1) The decisions of this court are uniform to the effect that the above-mentioned section, relating to the recovery of the statutory penalty, being penal in its character and nature, should receive a strict construction; and it has therefore been held that the remedy is given exclusively to the owner of the freehold, and that the title…
2Cases cited12 opinions
- Dodge v. Irvington Land Co.Supreme Court of Alabama · 1908
- White, McLane & Morris v. FarrisSupreme Court of Alabama · 1899
- Southern Railway Co. v. HayesSupreme Court of Alabama · 1913
- Postal Telegraph Co. v. LenoirSupreme Court of Alabama · 1894
- Allison v. LittleSupreme Court of Alabama · 1890
7 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- &198tna Explosives Co. v. SchaefferSupreme Court of Alabama · 1923
- Spencer v. Blanke Mfg. & Supply Co.Supreme Court of Alabama · 1929
- Housing Authority v. Title Guarantee Loan & Trust Co.Supreme Court of Alabama · 1942
- Story v. McWhorterSupreme Court of Alabama · 1927
- Hill Grocery Co. v. LigonSupreme Court of Alabama · 1935
8 more not listed; retrieve them via the Exa API.