C. W. Zimmerman Mfg. Co. v. Dunn
Supreme Court of Alabama
Appeal from Clarke Circuit Court. Heard before Hon. S. H. Sprott. Action by William D. Dunn and others against the C. W. Zimmerman Manufacturing Company. From a judgment for plaintiffs, defendant appeals. This was an action begun by appellees and one Daffin against the appellants. The first count is in trover for the conversion of certain timber, alleged to have been cut and hauled off of a certain 80 acres of land belonging to plaintiff.
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Appeal from Clarke Circuit Court. Heard before Hon. S. H. Sprott. Action by William D. Dunn and others against the C. W. Zimmerman Manufacturing Company. From a judgment for plaintiffs, defendant appeals. This was an action begun by appellees and one Daffin against the appellants. The first count is in trover for the conversion of certain timber, alleged to have been cut and hauled off of a certain 80 acres of land belonging to plaintiff. The second count was in trespass, in the entry of the land and cutting of the timber thereupon. The third count was in simple trespass to the land. What…
1Opinion of the CourtSimpson, J.
This was an action of trover, brought by the appellee and one Daffin for the conversion of lumber. During the progress of the trial the plaintiffs were allowed to amend the complaint by striking out the name of Daffin as a party plaintiff, and making the complaint state that the remaining plaintiffs sued only for the conversion of their two-thirds interest in said lumber, and also by adding a count for the-conversion of their two-thirds interest in 1,078 pine logs. The defendants moved for a nonsuit, and also demurred to the complaint as amended: (1) Because the two plaintiffs cannot recover;…
2Cases cited7 opinions
- White v. YawkeySupreme Court of Alabama · 1895
- Lowery v. RowlandSupreme Court of Alabama · 1893
- Matthews v. FarrellSupreme Court of Alabama · 1903
- Strong v. StrongSupreme Court of Alabama · 1844
- Berry v. Nall & DuxberrySupreme Court of Alabama · 1875
2 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Simmons v. CochranSupreme Court of Alabama · 1949
- Gray v. Alabama Fuel & Iron Co.Supreme Court of Alabama · 1926
- C. W. Zimmerman Mfg. Co. v. DunnSupreme Court of Alabama · 1909
- Southern Ry. Co. v. ClarkeSupreme Court of Alabama · 1919
- Fletcher v. DeesSupreme Court of Florida · 1931
5 more not listed; retrieve them via the Exa API.