Southern Suspender Co. v. Van Borries
Supreme Court of Alabama
Appeal from the City Court of Birmingham. Tried before the Hon. H. A. Siiarpe. This action was brought by Frank Van Borries, against the Southern Suspender Company, as a corporation, and several other persons, to recover damages for an alleged trespass by the defendants upon a certain tract of land, particularly described, and for wrongfully taking therefrom certain goods and chattels, also particularly described; and was commenced on the 12th Mxrch, 1888. The alleged…
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Appeal from the City Court of Birmingham. Tried before the Hon. H. A. Siiarpe. This action was brought by Frank Van Borries, against the Southern Suspender Company, as a corporation, and several other persons, to recover damages for an alleged trespass by the defendants upon a certain tract of land, particularly described, and for wrongfully taking therefrom certain goods and chattels, also particularly described; and was commenced on the 12th Mxrch, 1888. The alleged trespass was the levy of an attachment, at the suit of said defendant corporation, against the estate of one F. Pelle, on the…
1Opinion of the CourtMcCLELLAN, J.
The complaint contains but one count. It claims damages for a trespass by defendants upon certain land, and for wrongfully taking therefrom certain personal property. Several grounds of demurrer were interposed to it* and overruled. The action of the City Court, on each ground assigned, is here assigned as error; but the argument of counsel only presents for our review the ruling with respect to the second ground. It is as follows : “For that said declaration* in the same count, alleges a trespass in taking goods, and a trespass to lands,” The manifest theory of this demurrer is, that the…
2Cases cited5 opinions
- Guilmartin v. WoodSupreme Court of Alabama · 1884
- Reynolds v. CollinsSupreme Court of Alabama · 1884
- Gordon v. McIlwainSupreme Court of Alabama · 1886
- Herndon v. BartlettSupreme Court of Alabama · 1837
- State v. PoseySupreme Court of Alabama · 1885
3Cited by5 opinions
- Stowers Furniture Co. v. BrakeSupreme Court of Alabama · 1908
- Brown v. MasterSupreme Court of Alabama · 1894
- Sanders v. SteenSupreme Court of Alabama · 1900
- Johnston Bros. Co. v. WashburnAlabama Court of Appeals · 1917
- Hecla Gold Mining Co. v. GisbornUtah Supreme Court · 1900