Henry v. Davis
Supreme Court of Alabama
Appeal from Mobile Circuit Court. Heard before Hon. Samuel B. Browne. Action by Mary Henry against M. L. Davis. Judgment for defendant. Plaintiff appeals.
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Appeal from Mobile Circuit Court. Heard before Hon. Samuel B. Browne. Action by Mary Henry against M. L. Davis. Judgment for defendant. Plaintiff appeals. The measure of damages is tbe difference in the value of the land before and after the trees were cut from it and the court erred in sustaining an objection to a question seeking to elicit this information.- — White v. Ycmker, 138 Ala. 275; Warrior G. '& G. Go. v. Mobile Mining Go., 112 Ala. 624. The evidence showed that the timber was cut by defendant, the damage to the land by cutting, and that the land belonged to the plaintiff, and that…
1Opinion of the Court
SIMPSON, J. —
This was an action of trespass for cutting trees, brought- by the apell-ant (plaintiff) against the appellee (defendant). The plaintiff introduced the record from the Mobile circuit court-, sho-Aving that plaintiff had recovered the land on Avhich the cutting was done in a statutory action of ejectment against the defendant on the 14th day of January, 1904, and the damages claimed in this suit are for cutting of trees on said land by the defendant AAdiile he was in possession of the same. On motion of the defendant the court first ruled out the testimony of several Avitncsses for…
2Cases cited10 opinions
- Chirac v. ReinickerSupreme Court of the United States · 1826
- Yount v. HowellCalifornia Supreme Court · 1859
- Keller v. BullingtonSupreme Court of Alabama · 1893
- Shumake v. Nelms' Adm'rSupreme Court of Alabama · 1854
- Cummings v. M'GeheeSupreme Court of Alabama · 1839
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3Cited by5 opinions
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