Williams v. Hendricks
Supreme Court of Alabama
Appeal from the Circuit Court of Pike. Tried before the Hon. J. W. Foster. This action was brought by the appellee, L. Hendricks, against the appellant, R. J. Williams, to recover the statutory penalty for cutting 34 oak trees from the land, of the plaintiff. The defendant pleaded the general issue and. the statute of limitations of one year, upon which pleas issue was joined.
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Appeal from the Circuit Court of Pike. Tried before the Hon. J. W. Foster. This action was brought by the appellee, L. Hendricks, against the appellant, R. J. Williams, to recover the statutory penalty for cutting 34 oak trees from the land, of the plaintiff. The defendant pleaded the general issue and. the statute of limitations of one year, upon which pleas issue was joined. The evidence for the .plaintiff was to the effect that the defendant and one D. F. Hinton were partners in getting out staves. That said Hinton entered upon the land of plaintiff after he had refused to allow either the…
1Opinion of the CourtColeman, J.
Section 3296 of the Code of 1886, provides that “any person who cuts down any oak * * * on land not his own, willfully and knowingly, without the consent of the owner of the land, must pay to the owner ten dollars for every such tree, ” &c. The plaintiff, the appellee, sued to recover the statutory penalty for cutting down thirty-four oak trees. The evidence shows that the defendant and one Hinton were partners in getting staves, and according to their agreement, the defendant furnished’the money for the partnership and Hinton attended to the business of getting out the staves. He furnished…
2Cases cited13 opinions
- Ala. Great Southern Railroad v. FrazierSupreme Court of Alabama · 1890
- Gilliam v. South, & North Alabama RailroadSupreme Court of Alabama · 1881
- Pollak v. SearcySupreme Court of Alabama · 1887
- Smith v. CauseySupreme Court of Alabama · 1853
- Barnett v. StateSupreme Court of Alabama · 1875
8 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- Morrill v. Title Guaranty & Surety Co.Washington Supreme Court · 1917
- Jones v. StricklandSupreme Court of Alabama · 1917
- Alabama Power Co. v. BodineSupreme Court of Alabama · 1925
- Drennen Motor Car Co. v. EvansSupreme Court of Alabama · 1915
- Dawsey v. NewtonSupreme Court of Alabama · 1943
21 more not listed; retrieve them via the Exa API.