Crawford v. Slaton

Decided November 15, 1901

Supreme Court of Alabama · decided 1901-11-15

Tried before the Hon. J. A. Bilbro. George P. Slaton, the appellee, brought an action against the appellant, John C. Crawford, to recover the statutory penalty for cutting trees upon his lands. On the trial of this suit the plaintiff was cast and judgment Avas rendered in favor of the defendant for costs. Upon this judgment the said Crawford sued out a Avrit of garnishment Avhich was served upon one Street.

Cited by 4 later decisions — most recently May 1917

4 state decisions

Relies on Williams v. Bowden · Northern v. Hanners

Good law ✅— No negative treatment on recordhow we know

Decided 1901-11-15

View the full empirical analysis of this case →

MoOLELLAN, C. J.

¶1An action for penalties prescribed for a wrongful act or omission, though technically an action of debt, is not an action for the recovery of a debt contracted, but an action ew delicto for a tort. — Williams v. Bowden, 69 Ala. 433. The action brought by Slaton against Crawford for the penalties prescribed by section 4137 of the Code was of this sort. And against the judgment in such action whether for costs and damages for the plaintiff or for costs in favor of the defendant there is no exemption from levy and sale. — Northern v. Hanners, 121 Ala. 587. The circuit court erred in its rulings to the contrary. Its judgment will be reversed and the cause will he remanded.

¶2Reversed and remanded.