Morris v. Robinson
Supreme Court of Alabama
Appeal from Limestone Circuit Court. Tried before the Hon. H. C. Speaks. This was an action brought by William Gr. Bobinson against Bansom Harlow and Harrison L. Morris to recover damages for a trespass alleged to have been committed by the defendant upon the lands of plaintiff, on and after the 12th of March, 1884. The plea of defendants was “ not guilty,” upon which issue was joined.
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Appeal from Limestone Circuit Court. Tried before the Hon. H. C. Speaks. This was an action brought by William Gr. Bobinson against Bansom Harlow and Harrison L. Morris to recover damages for a trespass alleged to have been committed by the defendant upon the lands of plaintiff, on and after the 12th of March, 1884. The plea of defendants was “ not guilty,” upon which issue was joined. The plaintiff showed that he had been in possession of the land upon which the alleged trespass was committed for .twenty-five years; that in March, 1884, the defendant, Morris, with two or three other men,…
1Opinion of the CourtStone, C. J.
The present suit counts in trespass qua/re clausum fregit. The recovery was for precisely fifty dollars, and defendant moved to non-suit the plaintiff under § 3120 of the Code of 1876. That motion was rightly overruled. — King v. Parmer, 34 Ala. 416; Haws v. Morgan, 59 Ala. 508.
The suit was against Harlow and Morris, but the verdict was only against Morris — finding in favor of the defendant Harlow. It is objected to the verdict that it does not award to him his costs, under § 3143 of the Code. The judgment is that Harlow “ go hence, and recover of the plaintiff iiis costs in this behalf…
2Cases cited4 opinions
- Mason v. HawesSupreme Court of Connecticut · 1884
- Turnley v. HannaSupreme Court of Alabama · 1880
- King v. ParmerSupreme Court of Alabama · 1859
- Haws v. MorganSupreme Court of Alabama · 1877
3Cited by10 opinions
- Black v. Pratt Coal & Coke Co.Supreme Court of Alabama · 1888
- Southern Railway Co. v. HayesSupreme Court of Alabama · 1913
- Louisville & Nashville Railroad v. HigginbothamSupreme Court of Alabama · 1907
- Alabama Great Southern R. R. v. ChristianSupreme Court of Alabama · 1886
- Federal Land Bank v. DavisSupreme Court of Alabama · 1934
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