Williams v. Lyon
Supreme Court of Alabama
Appeal from Mobile Circuit Court. Heard before Hon. Samuel B. Browne. Action by Emily C. Lyon against Homer K. Williams in trespass and as a penalty for cutting trees. Judgment for plaintiff, and defendant appeals.
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Appeal from Mobile Circuit Court. Heard before Hon. Samuel B. Browne. Action by Emily C. Lyon against Homer K. Williams in trespass and as a penalty for cutting trees. Judgment for plaintiff, and defendant appeals. The first count is as follows: “Plaintiff claims of defendant $500 damages for that the defendant did heretofore, without the consent of the plaintiff, on, to wit, duly 1, 1910, cut down and carry away 97 pine trees from the south half of southeast quarter, section 13, township 7, range 3 west, and did also remove from said land 12 pine logs which were already down, which lands…
1Opinion of the CourtMayfield, J.
Each count of the complaint is a kind of hybrid. Some of the allegations are appropriate to counts to recover the statutory penalty for cutting down or destroying trees; other allegations appear as if the count was for common-law trespass to land; and still others would indicate that it was trespass in taking chattels. Neither of the counts follow strictly any of the forms given in the Code; but each contains some allegations appropriate to several of the Code forms. There was, hoAvever, no special ground of demurrer taking this point, the demurrers merely pointing out defects which would…
2Cases cited10 opinions
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- Keller v. BullingtonSupreme Court of Alabama · 1893
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3Cited by15 opinions
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