Karthaus v. Nashville, Chattanooga & St. Louis Railway Co.
Supreme Court of Alabama
Appeal from the Circuit Court of Madison. Tried before the Hon. Osceola Kyle. This suit was brought by the appellants against the appellee.
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Appeal from the Circuit Court of Madison. Tried before the Hon. Osceola Kyle. This suit was brought by the appellants against the appellee. The second count which is stated in the opinion was for trespass, and it was averred therein that the defendant had trespassed upon certain specifically described lands and removed therefrom 6,000 cubic yards of sand at various and divers times during the years 1898, 1899, 1900, 1901 and 1902. The lands alleged to have been trespassed upon were described as “the west half of the southeast quarter of section 8, township 8, range 4 east of Huntsville…
1Opinion of the CourtDowdell, J.
The complaint contained Wo counts. The first being a count in trover for the conversion of sis thousand cubic feet of sand; the second, a count in trespass to realty. The suit was brought on the 29th day of April, 1902, and on the 19th of September, 1902, pleas in bar, in short by consent, were filed. On the 12th of February, 1903, at a subsequent term of the court, the defendant was permitted by the court to withdraw its pleas in bar and to file a plea in abatement to the jurisdiction, against the objection of the plaintiffs. ■ Thereupon the plaintiffs moved to strike the plea in abatement…
2Cases cited8 opinions
- Foster v. NapierSupreme Court of Alabama · 1883
- Springfield Fire & Marine Insurance v. DeJarnettSupreme Court of Alabama · 1895
- McBrayer v. CarikerSupreme Court of Alabama · 1879
- Vaughan v. RobinsonSupreme Court of Alabama · 1853
- Burkham v. MastinSupreme Court of Alabama · 1875
3 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Woolf v. McGaughSupreme Court of Alabama · 1911
- Boudrow v. H & R CONSTRUCTION COMPANYSupreme Court of Alabama · 1969
- St.Louis & S. F. R. R. v. SuttonSupreme Court of Alabama · 1910
- Ex Parte Textile Workers Union of AmericaSupreme Court of Alabama · 1947
- Aldrich Mining Co. v. PearceSupreme Court of Alabama · 1910
4 more not listed; retrieve them via the Exa API.