Craft v. Craft
Supreme Court of Alabama
Appeal from Circuit Couft, Madison County; Osceola Kyle, Judge. Action in trespass by R. H. Craft against George R. Craft and William W. Craft. From a judgment for defendants, plaintiff appeals. Transferred from Court of Appeals under Acts 1911, p. 449, § 6. , The general rule is that set-off is not available as a defense in actions of tort. 34 Cyc. 658; Miarlowe v. Rogers, 102 Ala. 510, 14.South. 790; Rosser .v.
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Appeal from Circuit Couft, Madison County; Osceola Kyle, Judge. Action in trespass by R. H. Craft against George R. Craft and William W. Craft. From a judgment for defendants, plaintiff appeals. Transferred from Court of Appeals under Acts 1911, p. 449, § 6. , The general rule is that set-off is not available as a defense in actions of tort. 34 Cyc. 658; Miarlowe v. Rogers, 102 Ala. 510, 14.South. 790; Rosser .v. Bunn, 66 Ala. 89. Set-off on account of trespass by plaintiff to George Craft’s land was not available to William Craft. 34 Cyc. 666. A claim due one of two joint defendants by a…
1Opinion of the CourtGardner, J.
This cause was tried upon issue joined upon count 4 and pleas of set-off, resulting in a judgment for the defendants, from which the plaintiff has prosecuted this appeal. .
Count 4 stated a cause of action in trespass for entry on the land' of plaintiff and cutting therefrom certain cedar timber. Defendants pleaded by way of set-off that the plaintiff had cut certain timber on the land of the defendant George Craft. By demurrer to these pleas of set-off, objections to evidence, and refusal of certain written charges, the question was raised as to whether or not this constituted a good defense…
2Cases cited14 opinions
- Rosser v. Bunn & TimberlakeSupreme Court of Alabama · 1880
- Howton v. MathiasSupreme Court of Alabama · 1916
- Brinkmeyer v. BetheaSupreme Court of Alabama · 1903
- Sledge v. Swift, Murphy & Co.Supreme Court of Alabama · 1875
- Warrior Coal & Coke Co. v. Mabel Mining Co.Supreme Court of Alabama · 1896
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3Cited by5 opinions
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- Lehigh Portland Cement Co. v. DonaldsonSupreme Court of Alabama · 1935
- Farish v. HawkSupreme Court of Alabama · 1941
- Depoyster Lumber Co. v. Commercial Lumber Co.Supreme Court of Alabama · 1925
- Edwards Specialties, Inc. v. Olive Properties, Inc. (In re Edwards)United States Bankruptcy Court, N.D. Alabama · 2016