Turner Coal Co. v. Glover
Supreme Court of Alabama
Appeal from the City Court of Birmingham. Tried before the Hon. W. W. Wilkerson. This was an action brought by John F. Glover against the Turner Coal Company, under section 3296 of the Code, to recover the statutory penalty for willfully and knowingly cutting down and destroying a large number of trees, alleged to be upon the lands of the plaintiff. As originally filed the complaint contained five counts.
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Appeal from the City Court of Birmingham. Tried before the Hon. W. W. Wilkerson. This was an action brought by John F. Glover against the Turner Coal Company, under section 3296 of the Code, to recover the statutory penalty for willfully and knowingly cutting down and destroying a large number of trees, alleged to be upon the lands of the plaintiff. As originally filed the complaint contained five counts. In the first count the plaintiff claimed of the defendant $4,000 “ for willfully and knowingly, and without the consent of the plaintiff, and in violation of section 3296 of the Code of…
1Opinion of the CourtHaralson, J.
The 5th count in the complaint was withdrawn before the court passed on the demurrer to it. A new count, No. 6,. was filed in substitution for No. 5, stricken out by amendment. The defendant, thereupon, demurred to the complaint, as thus amended, on the specific ground, that counts 1, 2, 3 and 4 are in debt, and the 6, in assumpsit.
■ There is evidently a misjoinder of counts. The four first are causes of action for debt, proper in a case of this kind, and the 6th is in tort. It was not framed under section 32y6 of the Code, as were the others. The demurrer is, “that there is a misjoinder of…
2Cases cited9 opinions
- Comer v. SheehanSupreme Court of Alabama · 1883
- Marks v. Robinson & LedyardSupreme Court of Alabama · 1886
- Allison v. LittleSupreme Court of Alabama · 1890
- Sledge v. Swift, Murphy & Co.Supreme Court of Alabama · 1875
- Rogers v. BrooksSupreme Court of Alabama · 1892
4 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- White, McLane & Morris v. FarrisSupreme Court of Alabama · 1899
- Alabama National Bank v. HalseySupreme Court of Alabama · 1895
- Louisville & Nashville Railroad v. HillSupreme Court of Alabama · 1896
- Mallory v. AgeeSupreme Court of Alabama · 1932
- City of Anniston v. DouglasSupreme Court of Alabama · 1948
7 more not listed; retrieve them via the Exa API.