Hamilton v. Griffin
Supreme Court of Alabama
Appeal from the Circuit Court of St. Clair. Tried before the Hon. George E. Brewer. This was an action brought by the appellee, W. W. Griffin, against the appellant, N. O. Hamilton, in which the plaintiff sought to recover the statutory penalty for the defendant cutting trees on certain lands alleged to be the property of the plaintiff and described as the northwest quarter of section 17, township 15, range 5 east, in St. Glair county, Alabama.
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Appeal from the Circuit Court of St. Clair. Tried before the Hon. George E. Brewer. This was an action brought by the appellee, W. W. Griffin, against the appellant, N. O. Hamilton, in which the plaintiff sought to recover the statutory penalty for the defendant cutting trees on certain lands alleged to be the property of the plaintiff and described as the northwest quarter of section 17, township 15, range 5 east, in St. Glair county, Alabama. The defendant pleaded the general issue and a plea of set. off, the substance of which is stated in the opinion. To this plea of set off, the…
1Opinion of the CourtDowdell, J.
This was an action by appellee against appellant to recover the statutory penalty for the alleged cutting by the appellant of certain trees on appellee’s land. Among other defenses set up by the defendant in the court below, he pleaded as a set-off to plaintiff’s action a subsisting judgment in his favor against plaintiff .in a justice court. To this plea a demurrer Avas sustained by the court, Avhicli ruling is now assigned as one Of the errors in the record.
The action being for the recovery of a penalty given and fixed by the statute, is an action in debt. — Code, 1896, § 4137; Rogers v.…
2Cases cited7 opinions
- Doe ex dem Duval's heirs v. McLoskeySupreme Court of Alabama · 1840
- Allen v. KellamSupreme Court of Alabama · 1881
- Scott v. WareSupreme Court of Alabama · 1880
- Weaver v. BrownSupreme Court of Alabama · 1888
- Rogers v. BrooksSupreme Court of Alabama · 1892
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3Cited by8 opinions
- Cowart v. AaronSupreme Court of Alabama · 1929
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- Eatman v. GoodsonAlabama Court of Appeals · 1951
- Twin City Power Co. v. Savannah River Electric Co.Supreme Court of South Carolina · 1930
- Morris v. Bank of AttallaSupreme Court of Alabama · 1907
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