Wright v. Sample
Supreme Court of Alabama
Appeal from Morgan Law and Equity Court. Heard before Hon. Thomas W. Wert. Action by B. H. Sample against John L. Wright and another. Judgment for plaintiff, and defendant John L. Wright appeals. The suit was originally begun against John L. Wright and Laura F. Wright. It seems that after the filing of the complaint an amendment was allowed striking Laura F. Wright as a party defendant.
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Appeal from Morgan Law and Equity Court. Heard before Hon. Thomas W. Wert. Action by B. H. Sample against John L. Wright and another. Judgment for plaintiff, and defendant John L. Wright appeals. The suit was originally begun against John L. Wright and Laura F. Wright. It seems that after the filing of the complaint an amendment was allowed striking Laura F. Wright as a party defendant. Upon this amendment being allowed, appellant John Wright moved for a discontinuance, which was overruled. Subsequent to this amendment, and before the trial, another amendment was filed reinstating Laura F.…
1Opinion of the CourtAnderson, J.
This action was brought under section 6037 of the Code of 1907, for tbe statutory penalty for destruction of or injury to fruit trees. Actions of this character, though technically actions of debt, are not for debts contracted, but are actions for a tort.— Crawford v. Slaton, 133 Ala. 393, 31 South. 940.
Tbe rule is well settled in this state that in actions ex delicto tbe plaintiff may discontinue as to one or more • defendants, and maintain bis action against tbe remain*225ing defendants, without discontinuing the entire action. — Strickland v. Wedgworth, 154 Ala. 654, 45 South. 653, wherein the…
2Cases cited6 opinions
- Torrey v. ForbesSupreme Court of Alabama · 1891
- Irwin v. EversonSupreme Court of Alabama · 1891
- State v. BuggSupreme Court of Kansas · 1903
- People ex rel. Cochrane v. FeitnerAppellate Division of the Supreme Court of the State of New York · 1899
- Strickland v. WedgeworthSupreme Court of Alabama · 1908
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Estate of MitchellCalifornia Supreme Court · 1938
- Roman v. DreherAlabama Court of Appeals · 1911
- Walker v. St. Louis-San Francisco Ry. Co.Supreme Court of Alabama · 1926