Legal Opinion
Bryan v. Day
Supreme Court of Alabama
Decided December 22, 1932No. 1 Div. 712PublishedCited by 6 opinions
1Opinion of the CourtFoster, J.
The first, fourth, and fifth counts of the complaint were laid in .trespass to realty, accompanied with the seizure and removal of personal property. The fact of the seizure óf personal property does not change the character of the count. Central of Georgia R. Co. v. Barnett, 220 Ala. 284, 124 So. 868.
The second count is in trespass to personalty. To counts in trespass justification must be specially pleaded, and the general issue does not permit proof of justification. Womack v. Bird, 51 Ala. 504; Barrett v. City of Mobile, 129 Ala. 179, 30 So. 36, 87 Am. St. Rep. 54; Burns v. Broughton, 223…
2Cases cited14 opinions
- Burns v. CampbellSupreme Court of Alabama · 1882
- Street v. SinclairSupreme Court of Alabama · 1881
- Barrett v. City of MobileSupreme Court of Alabama · 1900
- Stowers Furniture Co. v. BrakeSupreme Court of Alabama · 1908
- Ryan v. YoungSupreme Court of Alabama · 1906
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3Cited by6 opinions
- Inter-Ocean Casualty Co. v. FosterSupreme Court of Alabama · 1933
- Sovereign Camp, W. O. W. v. HarrisSupreme Court of Alabama · 1934
- Kelley v. CasselsSupreme Court of Alabama · 1933
- Bryan v. DaySupreme Court of Alabama · 1933
- Lollar v. JonesSupreme Court of Alabama · 1934
1 more not listed; retrieve them via the Exa API.