Tecumseh Iron Co. v. Mangum
Supreme Court of Alabama
Motion to Re-tax Oosts in Action of Trover. Appeal from Cherokee Circuit Court. Tried before Hón. John Henderson. James M. Mangum brought an action of trover against the Tecumseh Iron Company, claiming i,wenty-five hundred dollars, as damages, for the conversion of certain timber trees felled by said company, and recovered a judgment for three dollars and seventy-five cents, and £l 'all costs in this behalf expended.”
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Motion to Re-tax Oosts in Action of Trover. Appeal from Cherokee Circuit Court. Tried before Hón. John Henderson. James M. Mangum brought an action of trover against the Tecumseh Iron Company, claiming i,wenty-five hundred dollars, as damages, for the conversion of certain timber trees felled by said company, and recovered a judgment for three dollars and seventy-five cents, and £l 'all costs in this behalf expended.” The clerk taxed all the costs of the case against the defendant, who made a motion to re-tax them, alleging that no certificate had been made by the presiding judge that greater…
1Per curiam
— The damages recovered by the appellee, not exceeding twenty dollars, if the presiding judge did not certify that greater damages should have .been awarded, it was erroneous to render judgment against the appellant for more costs than damages. — Code of 1876, § 3129. The statute is very general in its words, and embraces every action ex delicto, whether the injury is to person or property. The action of trover was not embraced in the statute of 1822, (Clay’s Dig. § 21, 316), which in terms was confined to actions for slander, or trespass, or assault and battery. But the present statute was…
2Cases cited1 opinion
- Galle v. LynchSupreme Court of Alabama · 1852
3Cited by7 opinions
- McDaniel v. JohnstonSupreme Court of Alabama · 1895
- Tippins v. PetersSupreme Court of Alabama · 1893
- State ex rel. Coosa County v. ParkerSupreme Court of Alabama · 1887
- Danforth v. McClellanSupreme Court of Alabama · 1916
- Burrow v. BerrySupreme Court of Alabama · 1925
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