Wildman v. Evans Bros. Construction
Supreme Court of Alabama
Appeal from Birmingham City Court. Heard before Hon. C. C. Nesmith. Action by Thomas H. Wildman against Evans Brothers Construction Company, and others, for damages for trespass to land by entry and removal of building. Judg- ment for defendant and plaintiff appeals.
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Appeal from Birmingham City Court. Heard before Hon. C. C. Nesmith. Action by Thomas H. Wildman against Evans Brothers Construction Company, and others, for damages for trespass to land by entry and removal of building. Judg- ment for defendant and plaintiff appeals. Any person injured by the criminal act of another has his action for damages caused by the criminal act. — Müler-Bfent L. Go. v. Stewart, 166 Ala. 657; Morris v. McClellan, 169 Ala. 90; Smith v. Gafford, 31 Ala. 45; 3 Main. 458; 67 Mass. 83. The act of defendant was criminal under section 2454, Code 1907. — Davis v. The State,…
1Opinion of the CourtSaybe, J.
Appellant sued appellees in an action of trespass to land. In the second count of his complaint he added to the Code form for such cases an averment that the alleged trespass was committed after defendants had been warned in writing not to go upon the premises. Appellees defended on the ground that the Evans Bros. Construction Company had recovered a judgment in a court of competent jurisdiction against Louis B. Lavergne, as administrator of L. N. Archer, deceased, who had been in possession under a lease from the owner, by which judgment a lien was declared in the company’s favor upon the…
2Cases cited1 opinion
- Lavergne v. Evans Bros., Construction Co.Supreme Court of Alabama · 1910
3Cited by1 opinion
- Stewart v. LloydSupreme Court of Alabama · 1950