Brinkmeyer v. Bethea
Supreme Court of Alabama
Appeal from the City Court of Birmingham. Tried before the 1-Ton. Chas. A. Senn. This was an action of trespass, brought by the appellee, S.- Bethea, against the appellants, L. 0. Brinlaneyer and 0. Luebbc, to recover damages for trespass to real estate described in the complaint. The facts of the case are sufficiently stated in the opinion.
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Appeal from the City Court of Birmingham. Tried before the 1-Ton. Chas. A. Senn. This was an action of trespass, brought by the appellee, S.- Bethea, against the appellants, L. 0. Brinlaneyer and 0. Luebbc, to recover damages for trespass to real estate described in the complaint. The facts of the case are sufficiently stated in the opinion. The canse ivas tried by the court without the intervention oí a jury, and upon the bearing of all the evidence, the court rendered judgment for the plaintiff, assessing his damages at $250. The defendants appeal, and assign as error the rulings of the…
1Opinion of the CourtHaralson, J.
The form of action is in trespass to real estate described in the complaint, which belonged to the plaintiff. The trespass as averred, consisted in removing from the real estate, claj1-, dirt and top soil, in the month of July, 1902. The complaint was in Code form, — No. 26, p. 948 of the Code. Its sufficiency was not in any wise questioned, and the trial was had by and before the presiding judge on the plea of not guilty; a jury having been waived.
It was admitted by the defendants on the trial, that the land described in the complaint belonged to plaintiff, and he was in possession of the…
2Cases cited2 opinions
- White v. YawkeySupreme Court of Alabama · 1895
- Abercrombie & Williams v. WindhamSupreme Court of Alabama · 1899
3Cited by31 opinions
- Howell v. City of DothanSupreme Court of Alabama · 1937
- Atlanta & Birmingham A. L. Ry. v. BrownSupreme Court of Alabama · 1908
- Rushing v. Hooper-McDonald, Inc.Supreme Court of Alabama · 1974
- Foust v. KinneySupreme Court of Alabama · 1918
- General Development Corporation v. KirkDistrict Court of Appeal of Florida · 1971
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