Postal Telegraph Co. v. Lenoir
Supreme Court of Alabama
Appeal from the Circuit Court of Washington. Tried before the Hon. James T. Jones. This was an action brought by the appellee, Melinda L. Lenoir, against the appellant, the Postal Telegraph Cable Company, to recover the statutory penalty for cutting down trees from the lands of the plaintiff, without her consent under section 3296 of the Code of 1886. The defendant pleaded the general issue and the following special pleas : ‘ ‘2. For further answer to the complaint the…
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Appeal from the Circuit Court of Washington. Tried before the Hon. James T. Jones. This was an action brought by the appellee, Melinda L. Lenoir, against the appellant, the Postal Telegraph Cable Company, to recover the statutory penalty for cutting down trees from the lands of the plaintiff, without her consent under section 3296 of the Code of 1886. The defendant pleaded the general issue and the following special pleas : ‘ ‘2. For further answer to the complaint the defendant says it is and was, at the time of the alleged cutting, a corporation, constructing a line of telegraph wires…
1Opinion of the CourtHead, J.
This is an action of debt brought by the appellee against the appellant to recover the satutory penalty for wilfully and knowingly cutting down certain trees on the lands of the plaintiff without her consent. Code, § 3296.
The bill of exceptions contains a very meagre statement of facts, but it purports, nevertheless, to contain all the. evidence. It was not shown by any positive tes-, timony at what time or by whom the trees in question were cut. It appears from the testimony of Mrs. LeNoir that they were cut some time'in the summer of 1893, and from the testimony of another witness that at…
2Cases cited7 opinions
- Russell v. IrbySupreme Court of Alabama · 1848
- Talladega Insurance v. PeacockSupreme Court of Alabama · 1880
- Grooms v. HannonSupreme Court of Alabama · 1877
- Bettis v. TaylorSupreme Court of Alabama · 1839
- Buist v. GuiceSupreme Court of Alabama · 1892
2 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- Eagle Iron Co. v. BaughSupreme Court of Alabama · 1906
- Bailey v. HaydenWashington Supreme Court · 1911
- Simmons v. CochranSupreme Court of Alabama · 1949
- Carl v. StateSupreme Court of Alabama · 1899
- Alabama Power Co. v. BodineSupreme Court of Alabama · 1925
19 more not listed; retrieve them via the Exa API.