Bynum v. Gay
Supreme Court of Alabama
Appeal from-Jackson Circuit Court. Heard before Hon. W. W. Haralson. Action by R. H. Bynum against A. A. Gay, for trover, trespass, and conversion. Prom a judgment for defendant, plaintiff appeals. The facts are sufficiently stated in the opinion.
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Appeal from-Jackson Circuit Court. Heard before Hon. W. W. Haralson. Action by R. H. Bynum against A. A. Gay, for trover, trespass, and conversion. Prom a judgment for defendant, plaintiff appeals. The facts are sufficiently stated in the opinion. The following charge was refused to plaintiff: “If the timber used to build the barn and fence on Gay’s place were cut from Bynum’s land without his consent, and Mr. Gay thereafter used said barn and fence as his own, then Mr. Gay is liable to Mr. Bynum for the reasonable value of such timber; and this is true, even though Mr. Gay may not have…
1Opinion of the CourtMcCLELLAN, J.
The complaint contains three counts, one for the value of trees cut and removed by Gay from the lands of Bynum, one for the conversion of such timber, and one in trespass. The pleas were the general issue and of tender. The judgment entry recites that issue was joined on the pleadings; thus, as we construe it, including the plea of tender. The bill of exceptions recites that the “plaintiff on the trial moved to strike the plea of tender from the file.” The court overruled the motion. After having joined issue on the plea, there was no error in overruling plaintiff’s motion to strike. He…
2Cases cited6 opinions
- Rudulph v. WagnerSupreme Court of Alabama · 1860
- Thweat v. StampsSupreme Court of Alabama · 1880
- Cernahan v. ChrislerWisconsin Supreme Court · 1900
- Gardner v. BlackSupreme Court of Alabama · 1893
- Syson & Co. v. Hieronymus Bros.Supreme Court of Alabama · 1900
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Federal Land Bank v. DavisSupreme Court of Alabama · 1934
- Hatfield v. SpearsSupreme Court of Alabama · 1980
- Sharpe v. Wells Fargo Home Mortgage (In Re Sharpe)United States Bankruptcy Court, N.D. Alabama · 2008
- Granade v. United States Lumber & Cotton Co.Supreme Court of Alabama · 1931