Danforth v. McClellan
Supreme Court of Alabama
Appeal from Birmingham City Court. Heard before Hon. John H. Miller. Andrew N. McClellan had judgment in tort against A. P. Danforth, for $10 damages and $10 costs, and defendant entered a motion for judgment against plaintiff, for the residue of the cost, which judgment was denied and defendant appeals. Transferred from the Court of Appeals.
1Opinion of the Court
MAYFIELD, J.(1) Judgment was rendered in the court below, in a tort action, for plaintiff, to the amount of $10 damages and $10 costs. Defendant moved the court for a judgment against plaintiff for the residue of the costs. The court declined to enter such judgment for the defendant, and defendant appeals.
This action of the court was error to reverse. It was a failure and declination to do what the statute expressly declares must be done in such cases. Section 3663 of the Code applies and controls. It reads as follows: “In all actions to recover damages for torts, the plaintiff recovers no…
2Cases cited10 opinions
- Mayor of Birmingham v. McCarySupreme Court of Alabama · 1887
- Bradley v. StateSupreme Court of Alabama · 1881
- Tillman v. WoodSupreme Court of Alabama · 1877
- Patterson v. Officers of the Circuit CourtSupreme Court of Alabama · 1847
- Hill v. WhiteSupreme Court of Alabama · 1840
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3Cited by5 opinions
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