Crawford v. Slaton
Supreme Court of Alabama
Appeal from the Circuit Court of Marshall. Tried before the Hon. J. A. Bilbro. George P. Slaton, the appellee, brought an action against the appellant, John C. Crawford, to recover the statutory penalty for cutting trees upon his lands. On the trial of this suit the plaintiff was cast and judgment Avas rendered in favor of the defendant for costs. Upon this judgment the said Crawford sued out a Avrit of garnishment Avhich was served upon one Street.
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Appeal from the Circuit Court of Marshall. Tried before the Hon. J. A. Bilbro. George P. Slaton, the appellee, brought an action against the appellant, John C. Crawford, to recover the statutory penalty for cutting trees upon his lands. On the trial of this suit the plaintiff was cast and judgment Avas rendered in favor of the defendant for costs. Upon this judgment the said Crawford sued out a Avrit of garnishment Avhich was served upon one Street. Upon its being shown that Street, the garnishee, was indebted to Slaton, Slaton filed his claim of exemptions and included therein said debt of…
1Opinion of the CourtMoOLELLAN, C. J.
An action for penalties prescribed for a wrongful act or omission, though technically an action of debt, is not an action for the recovery of a debt contracted, but an action ew delicto for a tort. — Williams v. Bowden, 69 Ala. 433. The action brought by Slaton against Crawford for the penalties prescribed by section 4137 of the Code was of this sort. And against the judgment in such action whether for costs and damages for the plaintiff or for costs in favor of the defendant there is no exemption from levy and sale. — Northern v. Hanners, 121 Ala. 587. The circuit court erred in its rulings…
2Cases cited2 opinions
- Williams v. BowdenSupreme Court of Alabama · 1881
- Northern v. HannersSupreme Court of Alabama · 1898
3Cited by4 opinions
- L. & N. R. R. v. PerkinsAlabama Court of Appeals · 1911
- Wright v. SampleSupreme Court of Alabama · 1909
- Jones v. TarletonAlabama Court of Appeals · 1917
- Johnson v. CollierSupreme Court of Alabama · 1909