Floyd v. Wilson
Supreme Court of Alabama
Appeal from Barbour Circuit Court. Heard before Hon. A. A. Evans. Action by J. W. Floyd against J. W. Wilson. Judgment for defendant, and plaintiff appeals.
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Appeal from Barbour Circuit Court. Heard before Hon. A. A. Evans. Action by J. W. Floyd against J. W. Wilson. Judgment for defendant, and plaintiff appeals. The complaint was as follows: “Plaintiff claims of defendant $510 damages for a trespass by defendant on the following tract of land, viz.: Part of the S. W. 14 of S. E. y^, section 1, township 9, range 27, in said county, said land belonging to the plaintiff; and for knowingly and willfully cutting and hauling off, and converting into stock, timber thereon, to wit, seven pine trees, and for cutting and hauling- off 42 saplings of oak and…
1Opinion of the CourtAnderson, J.
Upon the Original consideration of this cause, no point having been made and- argued as to the character of this action, we treated the counts as being for the statutory penalty for cutting trees; but after considering the counts more carefully we find that they are quare clausum fregit.—Blackburn v. Baker, 7 Port. 284; Rogers v. Brooks, 105 Ala. 549, 17 South. 97. We adhere, however, to our former conclusion that the trial court erred in not allowing the amendments offered, as they were intended merely for the purpose of correcting the description of the subject-matter, so as to meet the…
2Cases cited2 opinions
- Blackburn v. BakerSupreme Court of Alabama · 1838
- Rogers v. BrooksSupreme Court of Alabama · 1894
3Cited by3 opinions
- Mobile Light & Railroad Co. v. PortissSupreme Court of Alabama · 1915
- Roden v. CapehartSupreme Court of Alabama · 1915
- Floyd v. WilsonSupreme Court of Alabama · 1911