Bessemer Land & Improvement Co. v. Jenkins
Supreme Court of Alabama
Appeal from the Circuit Court of Jefferson. Tried before the Hon. James J. Banks. This was an action of trespass quare clausum fregit, by James A. Jenkins against the Bessemer Land & improvement Co. for the unlawful invasion of a burial lot, without the consent of plaintiff, and exhuming and carrying away the body of plaintiff’s child. . In the complaint the premises upon which the trespass is said to have been committed is thus described: ‘ ‘That the lot' or close in which…
Read the full summary
Appeal from the Circuit Court of Jefferson. Tried before the Hon. James J. Banks. This was an action of trespass quare clausum fregit, by James A. Jenkins against the Bessemer Land & improvement Co. for the unlawful invasion of a burial lot, without the consent of plaintiff, and exhuming and carrying away the body of plaintiff’s child. . In the complaint the premises upon which the trespass is said to have been committed is thus described: ‘ ‘That the lot' or close in which the body of said child .was buried is situated in a burying ground or graveyard near Bessemer in said Jefferson county,…
1Opinion of the CourtHaralson, J.
1. The close alleged to have been broken by defendant is not described in the complaint with definite particularity, but sufficiently so to prevent the defendant from being misled or uncertain as to the particular locus in quo of the trespass complained of. If a more accurate description had been made, it would have given the defendant no better information as to the venue of the realty, than that furnished by the complaint. — 2 Chitty on PL, 609 The demurrer, which questioned the sufficient accuracy of the lot or close which plaintiff alleges defendant broke and trespassed on, Avas properly…
2Cases cited11 opinions
- Sohier v. Trinity ChurchMassachusetts Supreme Judicial Court · 1871
- Steele v. SullivanSupreme Court of Alabama · 1881
- Partridge v. First Independent ChurchCourt of Appeals of Maryland · 1874
- Forney v. Calhoun CountySupreme Court of Alabama · 1887
- Davidson v. ReedIllinois Supreme Court · 1884
6 more not listed; retrieve them via the Exa API.
3Cited by56 opinions
- Ida Mae Whitehurst, Etc. v. Edward L. Wright, Jr., Etc.Court of Appeals for the Fifth Circuit · 1979
- State Ex Rel. Commissioner of Transportation v. Medicine Bird Black Bear White EagleCourt of Appeals of Tennessee · 2001
- Whitt v. HulseySupreme Court of Alabama · 1987
- Anderson v. AchesonSupreme Court of Iowa · 1907
- Douglas v. StokesCourt of Appeals of Kentucky · 1912
51 more not listed; retrieve them via the Exa API.