Smith v. Causey
Supreme Court of Alabama
Error to the Circuit Court of Barbour. Tried before the Hon. JOHN Gill Shorter. Causey sued Smith before a justice of the peace, to recover damages for injuries which his hogs had received from the dogs of the defendant. He recovered a judgment against him for ten dollars, from which Smith appealed to the Circuit Court.
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Error to the Circuit Court of Barbour. Tried before the Hon. JOHN Gill Shorter. Causey sued Smith before a justice of the peace, to recover damages for injuries which his hogs had received from the dogs of the defendant. He recovered a judgment against him for ten dollars, from which Smith appealed to the Circuit Court. On the trial in that court, as appears by a bill of ex-tions in the record, the plaintiff proved that his hogs had been bitten and otherwise injured by the dogs of the defendant and others, in a field cultivated by the defendant and others, and that the fence which enclosed…
1Opinion of the CourtLigon, J.
In cases of tbe one under consideration, in which no pleadings are made up in tbe court below, it is often very difficult to ascertain bow they were regarded in tbat court, in respect to tbe nature or form of action, and what rules were there applied to them. This case is surrounded with perplexities of tbat kind. Whether it was treated as trespass or case, except by tbe affirmative charge of tbe court, tbe record furnishes no means of determining. From tbat, however, we suppose it was regarded as an action on tbe case, for tbe recovery of double damages, under tbe statute, (Olay’s Dig. 241 §…
2Cases cited1 opinion
- Durden v. BarnettSupreme Court of Alabama · 1844
3Cited by19 opinions
- Klenberg v. RussellIndiana Supreme Court · 1890
- Alabama Fuel & Iron Co. v. BushSupreme Court of Alabama · 1920
- Williams v. HendricksSupreme Court of Alabama · 1897
- Joiner v. WinstonSupreme Court of Alabama · 1880
- King v. BreenSupreme Court of Alabama · 1990
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