Morris v. West
Supreme Court of Alabama
Appeal from the Circuit Court of Marshall. Tried before the Hon. John B. Tally. This was an action brought by the appellees against the appellant, to recover the statutory penalty for cutting, destroying and removing certain trees, particularly described in the complaint, as provided by section 3296 of the Code of 1886. The complaint contained two counts.
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Appeal from the Circuit Court of Marshall. Tried before the Hon. John B. Tally. This was an action brought by the appellees against the appellant, to recover the statutory penalty for cutting, destroying and removing certain trees, particularly described in the complaint, as provided by section 3296 of the Code of 1886. The complaint contained two counts. The first count claimed damages for the defendant willfully and knowingly, and without the consent of the plaintiff, cutting down a certain number and kind of trees on the property, which were specifically described in the complaint. The…
1Opinion of the CourtHaralson, J.
This action was to recover the penalty prescribed by section 3296 of the Code. There were two counts in the complaint, the second of which charges the defendant with having willfully and knowingly, and without the consent of the plaintiffs, taken and carried away . certain trees, which were already cut down or fallen on the lands of the plaintiffs.
*536The defendant pleaded not guilty, and a special plea, numbered two. The plaintiff took issue on the plea of not guilty, £[,nd replied to the second, on which replication the defendant took issue. But this second plea, and the replication to it, and…
2Cases cited4 opinions
- Nooe's v. Garner's Adm'rSupreme Court of Alabama · 1881
- Russell v. IrbySupreme Court of Alabama · 1848
- Rogers v. BrooksSupreme Court of Alabama · 1892
- Oswalt v. SmithSupreme Court of Alabama · 1892
3Cited by1 opinion
- Terst Sons & Co. v. O'NealSupreme Court of Alabama · 1895