Allison v. Little
Supreme Court of Alabama
Action for Statutory Penalty for Cutting Trees. Appeal from the Circuit Court of Lawrence. Tried before the Hon. H. C. Speake.
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Action for Statutory Penalty for Cutting Trees. Appeal from the Circuit Court of Lawrence. Tried before the Hon. H. C. Speake. This action was brought by E. S. Little and others, suing as trustees of the “Mount Pleasant Church,” to recover the statutory penalty for cutting trees on certain land belonging to the church; and was commenced oil the 13th January, 1886. The land, a small parcel containing about three acres, was conveyed by Amos Jarmon, by deed dated September 10th, 1829, in consideration of his “good will and special regard for the Baptist denomination,” to Asa Cobbs and others,…
1Opinion of the CourtMcCLELLAN, J.
— On the former appeal in this cause, two-defects in the plea of former recovery were pointed out, each of which was held to justify the action of the trial court in sustaining a- demurrer to it. The defect to which most prominence was given lay in the want of identity of the parties-plaintiff in the former suit and in this. “The defect about *152this plea,” said Somerville, J., “is that the party plaintiff in that suit and the party plaintiff in this suit are not the same.” -A secondary, or cumulative infirmity, was the failure of the plea to aver that the plaintiff in the first action was the…
2Cases cited9 opinions
- Mudge v. TreatSupreme Court of Alabama · 1876
- Masterson v. GibsonSupreme Court of Alabama · 1876
- Allison v. LittleSupreme Court of Alabama · 1888
- Agnew v. Walden & SonSupreme Court of Alabama · 1887
- Ga. Pacific Railway Co. v. PropstSupreme Court of Alabama · 1890
4 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Clark v. WhitfieldSupreme Court of Alabama · 1925
- Fidelity & Deposit Co. v. RobertsonSupreme Court of Alabama · 1902
- White, McLane & Morris v. FarrisSupreme Court of Alabama · 1899
- Steed v. KnowlesSupreme Court of Alabama · 1892
- Louisville & Nashville Railroad v. HillSupreme Court of Alabama · 1896
17 more not listed; retrieve them via the Exa API.