Legal Opinion
Dawsey v. Newton
Supreme Court of Alabama
Decided June 30, 1943No. 4 Div. 278PublishedCited by 15 opinions
1Opinion of the Court
LIVINGSTON, Justice.
Suit for the statutory penalty for cutting two oak trees, and for trespass upon plaintiff’s lands. The trial court submitted six counts of the complaint to the jury. From a judgment for plaintiff, defendants appeal.
Counts 1-A, 1-B and 1-C claim the statutory penalty. Section 272, Title 47, Code of 1940. Counts 3-A, 3-B and 4 — A claim damages for a trespass committed by defendants on the lands of plaintiff.
A count which alleges the commission of a trespass by one acting by and through another, naming him, is one. in trespass against both. The legal effect is not the same…
2Cases cited17 opinions
- City Delivery Co. v. HenrySupreme Court of Alabama · 1903
- Bessemer Coal, Iron & Land Co. v. DoakSupreme Court of Alabama · 1907
- Mattingly v. HoustonSupreme Court of Alabama · 1909
- Southern Ry. Co. v. BeatySupreme Court of Alabama · 1925
- Williams v. HendricksSupreme Court of Alabama · 1897
12 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Charlie Stuart Oldsmobile, Inc. v. SmithIndiana Court of Appeals · 1976
- Rushing v. Hooper-McDonald, Inc.Supreme Court of Alabama · 1974
- Valley Development Co. v. WeeksSupreme Court of Colorado · 1961
- Dollar v. McKinneySupreme Court of Alabama · 1958
- Ramos v. FellSupreme Court of Alabama · 1961
10 more not listed; retrieve them via the Exa API.