Rogers v. Brooks
Supreme Court of Alabama
Appeal from the Circuit Court of Montgomery. Tried before the Hon. John R. Tyson. The facts of this case, pertaining to the only question reviewed on this appeal, are sufficiently stated in the opinion. Upon the introduction of all the evidence, the court refused to give the general' affirmative charge requested by the plaintiff, and gave at the request of the defendant, the general affirmative charge in his behalf. To each of these ruling the plaintiff separately excepted.
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Appeal from the Circuit Court of Montgomery. Tried before the Hon. John R. Tyson. The facts of this case, pertaining to the only question reviewed on this appeal, are sufficiently stated in the opinion. Upon the introduction of all the evidence, the court refused to give the general' affirmative charge requested by the plaintiff, and gave at the request of the defendant, the general affirmative charge in his behalf. To each of these ruling the plaintiff separately excepted. Upon judgment being rendered for the defendant, the plaintiff appeals, and assigns as error the giving of the…
1Opinion of the CourtHaralson, J.
This action was brought against the defendant, Brooks, appellee heré, by the appellant, Rogers, under the provisions of section 3296 of the Code. This is the second appeal in the case.
' The complaint avers that defendant willfully and knowingly, and without the consent of the plaintiff, cut down and destroyed a large number of trees and saplings on plaintiff’s land. It was held in the former appeal, that the complaint was properly filed to recover for the alleged statutory penalty.—Rogers v. Brooks, 99 Ala. 31. The statute prescribes among other things, that when any person willfully and…
2Cases cited6 opinions
- Carpenter v. DevonSupreme Court of Alabama · 1844
- Farrall v. StateSupreme Court of Alabama · 1858
- Rogers v. BrooksSupreme Court of Alabama · 1892
- Walker v. PalmerSupreme Court of Alabama · 1854
- Atkins v. StateSupreme Court of Alabama · 1877
1 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Protective Life Ins. Co. v. SwinkSupreme Court of Alabama · 1931
- Louisville & Nashville Railroad v. HillSupreme Court of Alabama · 1896
- Fike v. StrattonSupreme Court of Alabama · 1911
- New York Life Ins. Co. v. BeasonSupreme Court of Alabama · 1934
- Davis v. ArnoldSupreme Court of Alabama · 1904
11 more not listed; retrieve them via the Exa API.