Bradford v. Boozer
Supreme Court of Alabama
Appeal from the Circuit Court of Marengo. Tried before the Hon. John C. Anderson. This action was brought by the appellant, T. IT. Bradford, against the appellee, J. B. Boozer. The complaint contans two counts. The first count-sought to recover the statutory penalty for cutting a certain number of trees. The second count sought to recover damages for trespass. The record does not show what pleas were filed.
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Appeal from the Circuit Court of Marengo. Tried before the Hon. John C. Anderson. This action was brought by the appellant, T. IT. Bradford, against the appellee, J. B. Boozer. The complaint contans two counts. The first count-sought to recover the statutory penalty for cutting a certain number of trees. The second count sought to recover damages for trespass. The record does not show what pleas were filed. The cause was tried upon an agreed statement of facts, in which the following facts were admitted: The plaintiff owned and had possession of and title to the lands described in the…
1Opinion of the Court
DOWDELL, J. —
The complaint in this case contained two counts; one for the statutory penalty for cutting trees, and the other for trespass. The record does not show what pleas were filed. The judgment recites that issue was joined, and a verdict in favor of the defendant was rendered. As a general proposition, in sfich case, it will be presumed that only the general issue was pleaded.' — Hatchett v. Molton, 76 Ala. 410; Odum v. R. & J. R. R. Go., 94 Ala. 488. But as an exception to this general rule when the bill of exceptions shows that the issue was on a special plea, and the cause was so…
2Cases cited8 opinions
- White, McLane & Morris v. FarrisSupreme Court of Alabama · 1899
- Odum v. Rutledge & Julian RailroadSupreme Court of Alabama · 1891
- Ex parte State, in re NewtonSupreme Court of Alabama · 1891
- Albright v. MillsSupreme Court of Alabama · 1888
- Hatchett v. MoltonSupreme Court of Alabama · 1884
3 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Bingham v. National BankMontana Supreme Court · 1937
- Phillips v. MorrowSupreme Court of Alabama · 1924
- Drake v. NunnSupreme Court of Alabama · 1923