Minor v. Coleman
Alabama Court of Appeals
Appeal from. Circuit Court, Greene County; Bernard Harwood, Judge. Action by Phillip B. Minor against Thomas W. Coleman. Judgment for defendant, and plaintiff appeals.
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Appeal from. Circuit Court, Greene County; Bernard Harwood, Judge. Action by Phillip B. Minor against Thomas W. Coleman. Judgment for defendant, and plaintiff appeals. The first count of the complaint is that: Plaintiff claims of defendant * * * damages for that, heretofore, to wit, * * * defendant did willfully and intentionally shoot and kill one pointer dog, the property of plaintiff, of the value of, to wit, $150. The second count, as originally filed charges that defendant did, by and through one Jim Ward, who was the agent of defendant, and acting under his instructions, willfully and…
1Opinion of the CourtBrown, J.
The rules of law applicable to this case were announced in the following cases: Kershaw v. McKown, 12 Ala. App. 485, 68 South. 559; Means v. Morgan, 2 Ala. App. 547, 56 South. 759; Crow v. McKown, 192 Ala. 480, 68 South. 341, L. R. A. 1915E, 372. In Kershaw v. McKown, supra, it was held that a complaint alleging the “wrongful”' shooting and killing of plaintiff’s dog, of the “value of $100,” stated a good cause of action.
[1] If, therefore, the appellant’s contention that the averments of the complaint that the defendant “willfully and. intentionally” killed the dog in question imports that…
2Cases cited11 opinions
- Hawes v. StateSupreme Court of Alabama · 1889
- Roby v. NewtonSupreme Court of Georgia · 1905
- Harrison v. StateSupreme Court of Alabama · 1861
- Williams v. HendricksSupreme Court of Alabama · 1897
- Smith v. CauseySupreme Court of Alabama · 1853
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3Cited by4 opinions
- Baxter v. WilsonAlabama Court of Appeals · 1950
- Barefield v. StateAlabama Court of Appeals · 1918
- Coleman v. MinorAlabama Court of Appeals · 1919
- Johnston v. WilsonCourt of Appeals of Georgia · 1924