Jean v. Sandiford
Supreme Court of Alabama
Appeal from the City Court of Mobile. Tried before the Hon. H. Chambeblain. This action was brought by Joel Sandiford, against Cien-tat Jean, and was commenced ron the 15th January, 1862. The original complaint was in the following words: “ The plaintiff claims of the defendant the sum of two hundred and fifty dollars as damages, for that whereas, on the 30th December, 1861, and prior to, and since that time, the defendant’s cattle broke down his (plaintiff’s) fence, or…
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Appeal from the City Court of Mobile. Tried before the Hon. H. Chambeblain. This action was brought by Joel Sandiford, against Cien-tat Jean, and was commenced ron the 15th January, 1862. The original complaint was in the following words: “ The plaintiff claims of the defendant the sum of two hundred and fifty dollars as damages, for that whereas, on the 30th December, 1861, and prior to, and since that time, the defendant’s cattle broke down his (plaintiff’s) fence, or inclosure, and entered into plaintiff’s garden and field, and ate up and destroyed his crop of potatoes and other vegetables…
1Opinion of the CourtStone, J.
The complaint in this case, after it was amended, was sufficient. It describes the land as situated in Mobile county, and we tbink this made it good. — See Code, §§ 1099 et seq.
[2.] We do not tbink interest should bave been allowed on the damages assessed by the jury. These damages are in the nature of a penalty fixed by statute, without any reference to fault or neglect on the part of the owner of the cattle committing the trespass. The penalty for the second, or any subsequent trespass, is double damages. If we allow interest on the first recovery, by the same rule we must allow it on each…
2Cases cited18 opinions
- Stoudenmeier v. WilliamsonSupreme Court of Alabama · 1857
- Moore v. AppletonSupreme Court of Alabama · 1855
- Jones' Adm'r v. BrooksSupreme Court of Alabama · 1857
- McLeod v. StateSupreme Court of Alabama · 1860
- Smith's v. GarthSupreme Court of Alabama · 1858
13 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Birmingham Ry. Light & Power Co. v. MooreSupreme Court of Alabama · 1906
- Atlanta & Birmingham A. L. Ry. v. BrownSupreme Court of Alabama · 1908
- Howton v. MathiasSupreme Court of Alabama · 1916
- Grand Bay Land Co. v. SimpsonSupreme Court of Alabama · 1922
- Alabama Power Co. v. AllenSupreme Court of Alabama · 1928
11 more not listed; retrieve them via the Exa API.