Legal Opinion

Boggan v. Bennett

Supreme Court of Alabama

Decided November 15, 1893PublishedCited by 8 opinions

Appeal from the Circuit Court of Jefferson. Tried before the Hon. James J. Banks-. This was an action of trespass brought by the appellee, Nicholas Bennett, against the appellant, M. M. Boggan, to recover damages for the alleged wrongful and forcible entry of. the dwelling house of the plaintiff, by defendant, and carrying away therefrom certain articles of wearing apparel, household furniture, &c., and for using rough and abusive language in the presence of his family.

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Appeal from the Circuit Court of Jefferson. Tried before the Hon. James J. Banks-. This was an action of trespass brought by the appellee, Nicholas Bennett, against the appellant, M. M. Boggan, to recover damages for the alleged wrongful and forcible entry of. the dwelling house of the plaintiff, by defendant, and carrying away therefrom certain articles of wearing apparel, household furniture, &c., and for using rough and abusive language in the presence of his family. The complaint claimed $1,000 damages. Issue was joined ujpon the plea of the general issue. Upon the trial of the cause, the…

1Opinion of the CourtStone, C. J.

The circuit court erred in receiving testimony of the value of attorney’s fees paid or incurred in asserting Bennett’s exemptions, and in allowing proof to be made of the expense of hauling the goods back home. These were in their nature special damages, and to authorize proof to be made of them, they should have been specially claimed in the complaint. — Ala. Gr. So. R. R. Co. v. Tapia, 94 Ala. 226; 10 So. Rep. 236; Ross v. Malone, 97 Ala. 529, 12 So. Rep. 182.

■ We cannot apply the doctrine of error without injury to this case, for the following, if for no other reason : Although there was…

2Cases cited2 opinions

  1. Ala. Great Southern Railroad v. TapiaSupreme Court of Alabama · 1891
  2. Ross v. Malone & SonSupreme Court of Alabama · 1892

3Cited by8 opinions

  1. Barrett v. City of MobileSupreme Court of Alabama · 1900
  2. Howton v. MathiasSupreme Court of Alabama · 1916
  3. Vandiver & Co. v. WallerSupreme Court of Alabama · 1904
  4. Stephenson v. WrightSupreme Court of Alabama · 1895
  5. Hundley v. ChadickSupreme Court of Alabama · 1895

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