Russell v. Irby
Supreme Court of Alabama
Writ of Error to the Circuit Court of Sumter. Before the Hon. G. W. Stone. This was an action of debt at the suit of the defendant in error, to recover the penalty prescribed by the statute for cutting certain trees on his land. The cause was tried by a jury, who returned a verdict for the plaintiff below for the sum of $500, and judgment was rendered accordingly.
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Writ of Error to the Circuit Court of Sumter. Before the Hon. G. W. Stone. This was an action of debt at the suit of the defendant in error, to recover the penalty prescribed by the statute for cutting certain trees on his land. The cause was tried by a jury, who returned a verdict for the plaintiff below for the sum of $500, and judgment was rendered accordingly. It was proved at the trial, that some of the trees for the cutting of which the action was brought, were cut and removed off the plaintiff’s land two or three years previous to the institution of this suit. Testimony was also…
1Opinion of the CourtCollier, C. J.
The seventh section of the act of 1807, to prevent trespasses in certain cases,” enacts, “ if any person shall cut down, carry away, or destroy, any cypress, white oak, black walnut, pecan, or cherry tree, upon any lands not his own, without first having the consent of the *135owner, he shall forfeit and pay the owner thereof ten dollars for every such tree, so cut, carried away, or destroyed.” Clay’s Dig. 581. There can be no doubt that where a statute imposes a penalty, but omits to prescribe a remedy for its recovery, that an action of debt will lie at the suit of the party entitled to it. The…
2Cited by28 opinions
- Barnes v. JonesCalifornia Supreme Court · 1876
- Davidson v. YoungIllinois Supreme Court · 1865
- Carl v. StateSupreme Court of Alabama · 1899
- Cohn v. NeevesWisconsin Supreme Court · 1876
- Postal Telegraph Co. v. LenoirSupreme Court of Alabama · 1894
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