Floyd v. Wilson
Supreme Court of Alabama
Appeal from Barbour Circuit Court. Heard before Hon. Mike Sollie. Action by J. W. Floyd against J. J. Wilson in trespass to realty, joining statutory penalty for cutting trees. Judgment for defendant, and plaintiff appeals.
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Appeal from Barbour Circuit Court. Heard before Hon. Mike Sollie. Action by J. W. Floyd against J. J. Wilson in trespass to realty, joining statutory penalty for cutting trees. Judgment for defendant, and plaintiff appeals. The original complaint in trespass quare clausum fregit was served on the defendant April 6, 1907. There was an amendment filed September 1, 1908, and another filed August 30, 1910. Count 4 seems to have been filed February 21, 1910, and is for the statutory penalty for cutting trees. To count ! the defendant interposed the statute of limitation for one year. The cutting…
1Opinion of the CourtAnderson, J.
Upon the former appeal in this case (163 Ala. 283, 50 South. 122), we held, and properly so, that the original complaint was trespass quare *141clausum fregit. The amended complaint, count 4, is for the statutory penalty for cutting trees, and prior to the Code of 1907 these counts could not be joined.—Higdon v. Kennemer, 120 Ala. 193, 24 South. 439. While the right to amend, even prior to the present Code, was sanctioned with a spirit of liberality, it was never held that amendments amounting to a misjonder, under existing laws, were permissible whether relating to the same subject-matter or…
2Cases cited6 opinions
- Theo Poull & Co. v. Foy-Hays Construction Co.Supreme Court of Alabama · 1909
- Western Ry. v. HartSupreme Court of Alabama · 1909
- Higdon v. KennemerSupreme Court of Alabama · 1897
- Carr v. MillerSupreme Court of Alabama · 1909
- Floyd v. WilsonSupreme Court of Alabama · 1909
1 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Tyson v. Johns-Manville Sales Corp.Supreme Court of Alabama · 1981
- Johnson v. Garlock, Inc.Supreme Court of Alabama · 1996
- Dawsey v. NewtonSupreme Court of Alabama · 1943
- Hunt v. TuckerDistrict Court, N.D. Alabama · 1995
- Sloss-Sheffield Steel & Iron Co. v. GreekSupreme Court of Alabama · 1924
2 more not listed; retrieve them via the Exa API.