Rudolph v. Holmes
Supreme Court of Alabama
Appeal from Circuit Court, Lowndes County ; A. E. Gamble, Judge. Action by Frank C. Holmes against B. B. Rudolph. Judgment on verdict for plaintiff, and defendant appeals.
1Opinion of the CourtMayfield, J.
[1] The action is to recover damages for the destruction of timber or trees. One count sought to recover the statutory penalty for cutting or destroying growing trees or saplings, as is provided for by section 6035 of the Code, and the other was in trespass, as for injury to the land from which the timber was cut and removed. These two counts may be joined in ohe action, under our’ statutes and system of pleading and practice.
[2, 3] There was no error in allowing the complaint to be amended by adding these two counts. There was no' departure; the original complaint contained counts of like…
2Cases cited4 opinions
- Williams v. HendricksSupreme Court of Alabama · 1897
- Clifton Iron Co. v. Jemison Lumber Co.Supreme Court of Alabama · 1895
- Southern Railway Co. v. HowellSupreme Court of Alabama · 1902
- Postal Telegraph Co. v. BrantleySupreme Court of Alabama · 1894
3Cited by5 opinions
- Alabama Power Co. v. BodineSupreme Court of Alabama · 1925
- Dawsey v. NewtonSupreme Court of Alabama · 1943
- Ballenger v. BallengerSupreme Court of Alabama · 1921
- Evans Bros. Const. Co. v. Steiner Bros.Supreme Court of Alabama · 1922
- Ruple v. JonesSupreme Court of Alabama · 1960