Williams v. Perkins
Supreme Court of Alabama
Error from Bibb Circuit Court. This was an action of trespass quart clausum fregit, brought by Williams against Perkins, for entering upon his grounds and taking his rails. The plaintiff obtained a verdict; but the damages recovered did not exceed five dollars. The court below refused to give judgment against the defendant for full costs, arid gave a judgment, against him for costs to the amount of the damages recovered, and no more.
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Error from Bibb Circuit Court. This was an action of trespass quart clausum fregit, brought by Williams against Perkins, for entering upon his grounds and taking his rails. The plaintiff obtained a verdict; but the damages recovered did not exceed five dollars. The court below refused to give judgment against the defendant for full costs, arid gave a judgment, against him for costs to the amount of the damages recovered, and no more. For this alleged error in the court below, the plaintiff in error, Williams, who was also plaintiff below, has brought the case before this court for revision.…
1Opinion of the Court
By Mr. Chief Justice Saffold :
Williams brought, in the Circuit Court, an notion of tres*473pass quaro clausum fregil against tbe defendant. The injii-ry complained of was, that Perkins had unlawfully entered upon the plaintiffs land, and taken and carried away his rails, &c.
A trial was had, in which the plaintiff recovered, by verdict, damages to an amount not exceeding five dollars.— Whereupon, the court rendered judgment in favor of the plaintiff for the amount of damages so recovered, and only the same amount of costs, and against the plaintiff for the residue.
The error assigned is, that…
2Cases cited1 opinion
- Reid v. GordonSupreme Court of Alabama · 1830
3Cited by1 opinion
- McDaniel v. JohnstonSupreme Court of Alabama · 1895