Fife v. Pioneer Lumber Co.

THOMAS, Justice.

This case involves the overruling of demurrer to defendant’s Plea 3 to count one, declaring for the wrongful taking of trees from lands described, and which ruling caused plaintiff to take a non suit.

Plea 3 is as follows:

“The plaintiff herein, on the 5th day of September, 1936, filed his suit against the defendant herein in the Circuit Court of Pickens County, Alabama, wherein the same questions sought to be adjudicated in this Court were sought to be adjudicated by the Circuit Court in Equity of Pickens County,’ Alabama, a copy of which such complaint so filed in the Circuit…