Shehane v. Bailey
Supreme Court of Alabama
Appeal from the Circuit Court of Montgomery. Tried before the Hon. John R. Tyson. This action was commenced by the appellee against the appellant, in a justice of the peace court, and was taken by appeal to the circuit court.
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Appeal from the Circuit Court of Montgomery. Tried before the Hon. John R. Tyson. This action was commenced by the appellee against the appellant, in a justice of the peace court, and was taken by appeal to the circuit court. The cause of action, as stated in the complaint, was as follows; “1. Plaintiff avers that he is’ the owner of an outstanding crop of cotton, situated about two miles south-west of the city of Montgomery in said county and State; that the defendant is the" owner and has the custody and control of the following described cows, towit, 18 head of milch, cows, and the said…
1Opinion of the CourtColeman, J.
The appellee, .Bailey, sued to recover damages, for trespass committed upon his crops by the cattle of the appellant, and recovered a judgment. The suit was instituted under the provisions of the act entitled “An act to prevent horses *• * cows, hogs * * from running uncontrolled on crops in the county of Montgomery,’’ &c. — Acts 1886-87, p. 913. The constitutionality of the act is attacked by the defendant, and upoh the invalidity of the act he relies solely for his de-' fense. Several sections of the act are referred to as being unconstitutional. Without undertaking to discuss the validity…
2Cases cited4 opinions
- Jones v. BlackSupreme Court of Alabama · 1872
- Smith v. SpeedSupreme Court of Alabama · 1874
- Joiner v. WinstonSupreme Court of Alabama · 1880
- State ex rel. Perkins v. Montgomery Light Co.Supreme Court of Alabama · 1893
3Cited by29 opinions
- State ex rel. Crumpton v. MontgomerySupreme Court of Alabama · 1912
- State ex rel. Wiles v. WilliamsSupreme Court of Missouri · 1910
- State v. FriedkinSupreme Court of Alabama · 1943
- Smith v. PottsSupreme Court of Alabama · 1974
- State ex rel. Thomas v. GunterSupreme Court of Alabama · 1911
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