Floyd v. Wilson
Cases that cite this one
3 later published cases cite this decision.
- Roden v. Capehart (Ala. 1915)
- Mobile Light & Railroad Co. v. Portiss (Ala. 1915)
- Floyd v. Wilson (Ala. 1911)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
Upon the Original consideration of this cause, no point having been made and- argued as to the character of this action, we treated the counts as being for the statutory penalty for cutting trees; but after considering the counts more carefully we find that they are quare clausum fregit.—Blackburn v. Baker, 7 Port. 284; Rogers v. Brooks, 105 Ala. 549, 17 South. 97. We adhere, however, to our former conclusion that the trial court erred in not allowing the amendments offered, as they were intended merely for the purpose of correcting the description of the subject-matter, so as to meet the plaintiff’s proof. — Section 5367 of the Code of 1907; -
Reversed and remanded.
Case-law data current through September 30, 2026. Source: CourtListener bulk data.