Davis v. Arnold
Supreme Court of Alabama
Appeal from the Circuit Court of Mobile. Tried before Hon. William S. Anderson. This was an action brought by the appellee, Jane Arnold, and others, against the appellant, M. L. Davis, and sought to recover the statutory penalty prescribed for cutting timber wilfully and knowingly, without the consent of the owner. A statement of the facts, other than as shown in the opinion, is deemed -unnecessary. There was judgment for plaintiff, from which the defendant appealed.
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Appeal from the Circuit Court of Mobile. Tried before Hon. William S. Anderson. This was an action brought by the appellee, Jane Arnold, and others, against the appellant, M. L. Davis, and sought to recover the statutory penalty prescribed for cutting timber wilfully and knowingly, without the consent of the owner. A statement of the facts, other than as shown in the opinion, is deemed -unnecessary. There was judgment for plaintiff, from which the defendant appealed. Lenoi v. Postal Tel. Go., 107 Ala. 640; Farrar v. N. G. d St. L. 11. Go., 109 Ala. 448; Rogers v. Brooks, 105 Ala. 549; Benje…
1Opinion of the CourtAnderson, J.
This was a suit brought by Jane Arnold and her children (eight in number) two of whom are minora and sue by their mother as next friend, against the defendant for the statutory penalty for cutting trees.
Section 4137 of the Code of 1896, under which this action was brought, provides that the cutting of the trees must be “Wilfully and knowingly and without the consent of the owner.”
There was evidence that the widow and some of the children did not consent, but there was not the slightest evidence to show a want of consent of several of the adult owners. The onus of proving that the alleged…
2Cases cited6 opinions
- Carpenter v. DevonSupreme Court of Alabama · 1844
- Farrall v. StateSupreme Court of Alabama · 1858
- Rogers v. BrooksSupreme Court of Alabama · 1894
- Atkins v. StateSupreme Court of Alabama · 1877
- Ross v. GoodwinSupreme Court of Alabama · 1889
1 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Fike v. StrattonSupreme Court of Alabama · 1911
- Dentman v. StateSupreme Court of Alabama · 1957
- Hicks v. BiddleSupreme Court of Alabama · 1928
- W. T. Rawleigh Medical Co. v. HooksAlabama Court of Appeals · 1918
- Central of Georgia Ry. Co. v. BarnettSupreme Court of Alabama · 1929
5 more not listed; retrieve them via the Exa API.