McKenzie v. Gibson

Decided December 15, 1882

Supreme Court of Alabama · decided 1882-12-15

Tried before Hon. James E. Cobb. This action was commenced before a justice of the peace, ■and was brought by McKenzie and others against Gribson, to recover, as shown by the complaint filed before the justice of the peace, the penalty provided by section 1587 of the Code of 1876, for killing a hog, the plaintiff’s property.

Cited by 2 later decisions — most recently February 1937

2 state decisions

Relies on Crimm's Adm'rs v. Crawford · Jean v. Sandiford · Beavers v. Hardie

Good law ✅— No negative treatment on recordhow we know

Decided 1882-12-15

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STONE, J.

¶1— We find no error in the récord. The complaint filed before the justice claims a penalty under section 1587 of tbe Code of 18'76. The statute provides no special remedy for the penalty therein denounced. The penal part of the demand can not be recovered in an action of trespass. Tbe suit must be on the statute, and is in its nature an action of debt. A count in trespass vi et armis can not be joined with such complaint, nor can it, on appeal, be substituted for it. It changes tbe form of the action, which is not allowable. Jean v. Sandiford, 39 Ala. 317; Crimm v. Crawford, 29 Ala. 623; Beavers v. Hardie, 59 Ala. 570; 1 Brick. Dig. 526, §§ 19, 20.

¶2Affirmed.