Interstate L. Co. v. Duke
Supreme Court of Alabama
Appeal from Lamar Circuit Court. Action by G. T. Duke aaginst the Interstate Lumber Company. From a Judgment for plaintiff, defendant appeals.
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Appeal from Lamar Circuit Court. Action by G. T. Duke aaginst the Interstate Lumber Company. From a Judgment for plaintiff, defendant appeals. As amended, -count 3 is as follows: “Plaintiff claims of defendant the sum of $2,000 damages, for that heretofore, to wit, on or about the 1st day of November, 1910, the defendant’s agents or servants, acting within the line of their duty, or within the scope of their authority, took and carried away or consumed the following property, to wit (here follows a description of certain personal property). And defendant’s agents or servants took charge of…
1Opinion of the CourtMcCLELLAN, J.
— -Appellee instituted this action against the appellant. The substance of the wrong complained of was the taking and appropriation of, and entry upon, plaintiff’s properties by the defendant’s agents or servants. This action was sought to be justified under a mortgage executed by plaintiff and- assigned to defendant; its contention being predicated of the alleged abandonment by plaintiff of the properties in question in consequence of his becoming a fugitive from justice.
The court erred in overruling the demurrer to count 3 as amended. It undertook, improperly, to join in one count, trespass…
2Cases cited9 opinions
- City Delivery Co. v. HenrySupreme Court of Alabama · 1903
- Burns v. CampbellSupreme Court of Alabama · 1882
- Birmingham Railway, Light & Power Co. v. FoxSupreme Court of Alabama · 1911
- Barnhill v. HowardSupreme Court of Alabama · 1893
- Southern Railway Co. v. McIntyreSupreme Court of Alabama · 1907
4 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Louisville & Nashville R. R. v. AbernathySupreme Court of Alabama · 1916
- Louisville & Nashville Railroad Company v. JohnsSupreme Court of Alabama · 1958
- Roll v. DockerySupreme Court of Alabama · 1929
- Dewey Doucet v. Stanley H. MiddletonCourt of Appeals for the Fifth Circuit · 1964
- Alabama Fuel & Iron Co. v. AndrewsSupreme Court of Alabama · 1925
8 more not listed; retrieve them via the Exa API.