Thornton v. Dwight Manufacturing Co.
Supreme Court of Alabama
Appeal from' the City Court of Gadsden. 'Tried before the Hon. John H. Disque. ' This' action was brought by the appellant, . A.' G: Thornton, against the appellee, the Dwight Manufacturing Oonipany.
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Appeal from' the City Court of Gadsden. 'Tried before the Hon. John H. Disque. ' This' action was brought by the appellant, . A.' G: Thornton, against the appellee, the Dwight Manufacturing Oonipany. The ' complaint contained three Count's, which were in words and figures as follows; “1. The plaintiff claims of thé defendant four htmdred dollars damag'es for wrongfully taking the following goods and chattels, the property of the plaintiff, viz.: forty thousand, two hundred and ninety-nine feet of pine lumber. “2. And the plaintiff claims of the defendant the further sum of. four hundred…
1Opinion of the CourtSharpe, J.
None of the assignments of error based on tile disposition made of demurrers to pleadings, or rulings- on evidence, have been argued in a,p*214pellant’s brief, hence those assignments wall be considered, as. waived..; •
In the lumber .which forms .the subject-matter of this suit the plaintiff’s interest was that of a lienor only. Neither under the statute which gives the owner of land a lien for the price of timber sold therefrom (Code, § 2780), nor under 'the terms of the contract whereby tbe timber was sold to Davis, had plaintiff the title or right of possession in the lumber cut from that…
2Cases cited2 opinions
- Hussey v. PeeblesSupreme Court of Alabama · 1875
- Thompson v. SpinksSupreme Court of Alabama · 1847
3Cited by3 opinions
- W. B. Paterson Lumber Co. v. PatrickSupreme Court of Alabama · 1918
- McCord v. RumseyAlabama Court of Appeals · 1922
- Winfield Lumber Co. v. PartridgeSupreme Court of Alabama · 1918