Sandlin v. Kennedy Stave & C. Co.
Supreme Court of Alabama
Trespass for Cutting Trees. Appeal from Lamar Circuit Court. Heard before Hon. John' H. Bankhead, Jr., Special Judge. Action by Alfred R. Sandlin and others, against the Kennedy Stave & Cooperage Company, for trespass to land.
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Trespass for Cutting Trees. Appeal from Lamar Circuit Court. Heard before Hon. John' H. Bankhead, Jr., Special Judge. Action by Alfred R. Sandlin and others, against the Kennedy Stave & Cooperage Company, for trespass to land. Judgment for defendant and plaintiff appeals. — Counsel discusses the errors committed in directing the verdict for defendant, in permitting the complaint to be amended and cite authorities in support thereof, which in view of what is said in the opinion is not deemed necessary to be here set out. Counsel also discusses assignments of error relative to evidence, but…
1Opinion of the Court
MoCLELLAN, j.
— The bill of exceptions does not purport to contain all, or substantially all, of the evidence. We cannot, therefore, hold that the court erred in giving the general affirmative charge in favor of the defendants in this case. — Western Railway Co. v. Williamson, 114 Ala. 131, 145, 21 South. 827, among others.
*579The plaintiffs sought, it appears from the record proper, to amend their complaint by the addition of two counts. The amendment was not allowed. The bill of exceptions contains no allusion to this effort to amend. The action of the court in refusing the amendment cannot be…
2Cases cited3 opinions
- Markland v. AlbesSupreme Court of Alabama · 1886
- Western Railway v. WilliamsonSupreme Court of Alabama · 1896
- Bright v. StateSupreme Court of Alabama · 1884
3Cited by7 opinions
- Indemnity Company of America v. PughSupreme Court of Alabama · 1931
- Globe Rutgers Fire Ins. Co. v. PappasSupreme Court of Alabama · 1929
- B. F. Kay & Son v. Alabama Cotton & Grain Co.Supreme Court of Alabama · 1924
- Sovereign Camp, W. O. W. v. TurnerSupreme Court of Alabama · 1939
- Globe Tailoring Co. v. SeiboldAlabama Court of Appeals · 1913
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