Quinn v. Pratt Consolidated Coal Co.
Supreme Court of Alabama
Appeal from Jefferson Circuit Court. Heard before Hon. A. O. Lane. Action by C. E. Quinn against tbe Pratt Consolidated Coal Company for damages for waste to bis reversion. Judgment for defendant and plaintiff appeals. Fraud by one accompanied with damages to tbe party defrauded gives a right of action. — Sec. 2468, Code 1907. Tbe legal title could not protect them in tbe waste. — Foster v. Kennedy, 38 Ala. 359; 20 Cyc. 130, et seq.
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Appeal from Jefferson Circuit Court. Heard before Hon. A. O. Lane. Action by C. E. Quinn against tbe Pratt Consolidated Coal Company for damages for waste to bis reversion. Judgment for defendant and plaintiff appeals. Fraud by one accompanied with damages to tbe party defrauded gives a right of action. — Sec. 2468, Code 1907. Tbe legal title could not protect them in tbe waste. — Foster v. Kennedy, 38 Ala. 359; 20 Cyc. 130, et seq. Counsel discuss other assignment of error, but without further citation of authority. If there was error in sustaining the demurrers it was without injury as…
1Opinion of the CourtSayre, J.
This is an appeal upon the record proper. There is no bill of exceptions. On the day of the trial there Avere repeated amendments of the complaint by the addition of counts and by changes in the counts after addition. There Avere also repeated demurrers filed and refiled; but it is doubtful that the transcript exhibits the pleadings in the order in which they Avere filed, nor are the rulings shoAvn in the judgment entry so elaborated as to exhibit Avith precision the grounds upon which demurrers Avere sustained to the complaint and to counts thereof at various stages of the cause. Counsel are…
2Cases cited3 opinions
- Cooper v. WatsonSupreme Court of Alabama · 1882
- Prestwood v. WatsonSupreme Court of Alabama · 1895
- Lyons v. StickneySupreme Court of Alabama · 1911
3Cited by8 opinions
- Alexander v. LetsonSupreme Court of Alabama · 1942
- McCay v. ParksSupreme Court of Alabama · 1918
- Profile Cotton Mills v. Calhoun Water Co.Supreme Court of Alabama · 1920
- Bowden v. TurnerSupreme Court of Alabama · 1942
- Johnson v. GreenSupreme Court of Alabama · 1953
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