Womack v. Bird
Supreme Court of Alabama
Appeal from the Circuit Court of Greene. Tried before the Hon. James Q. Smith. This action was brought by Mrs. Ann M. Womack against William P. Bird, to recover damages for the defendant’s wrongful act in taking and carrying away “ twelve bales of lint cotton, averaging five hundred pounds per bale, five hundred bushels of corn, two hundred and fifty bushels of cotton seed, and twenty-two thousand pounds of cotton in the seed, or unginned cotton.”
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Appeal from the Circuit Court of Greene. Tried before the Hon. James Q. Smith. This action was brought by Mrs. Ann M. Womack against William P. Bird, to recover damages for the defendant’s wrongful act in taking and carrying away “ twelve bales of lint cotton, averaging five hundred pounds per bale, five hundred bushels of corn, two hundred and fifty bushels of cotton seed, and twenty-two thousand pounds of cotton in the seed, or unginned cotton.” The defendant pleaded not guilty, and a special plea of justification under legal process; but a demurrer was sustained to the special plea, and…
1Opinion of the CourtBrickell, J.
The general rule is, that a defendant in an action of trespass cannot give any matter in evidence, under the general issue, which amounts to a justification or excuse of the act complained of, or to a discharge of the trespass. The general issue is a mere denial of the allegations of the complaint. It casts upon the plaintiff the burden of proving that the defendant committed the act averred to be tortious. *505The plea advises the plaintiff to come prepared only to prove that act. 9 Bac. Abr. 546. When the plaintiff proves the act, the cause of action is established. Every matter of defence,…
2Cited by7 opinions
- Barrett v. City of MobileSupreme Court of Alabama · 1900
- Kuykendall v. EdmondsonSupreme Court of Alabama · 1922
- Rhodes v. McWilsonSupreme Court of Alabama · 1915
- Womack v. BirdSupreme Court of Alabama · 1879
- Jackson v. BohlinAlabama Court of Appeals · 1917
2 more not listed; retrieve them via the Exa API.