Drum & Ezekiel v. Harrison
Supreme Court of Alabama
Appeal from the Circuit Court of Butler. Tried before the Hon. John P. Hubbard. This was a special action on the case, brought by Williamson Harrison against Drum & Ezekiel as partners, to recover damages for the defendants’ alleged wrongful sale and conversion of two bales of cotton, having notice of plaintiff’s statutory lien for advances, whereby his lien was lost.
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Appeal from the Circuit Court of Butler. Tried before the Hon. John P. Hubbard. This was a special action on the case, brought by Williamson Harrison against Drum & Ezekiel as partners, to recover damages for the defendants’ alleged wrongful sale and conversion of two bales of cotton, having notice of plaintiff’s statutory lien for advances, whereby his lien was lost. The defendants pleaded “the general issue, with leave to give in evidence any special matter of defenseand the cause was tried on issued joined on this plea. The plaintiff claimed the cotton, or a lien on it, under a written…
1Opinion of the CourtSomerville, J.
1. The declarations of Thomas, made by him to the defendants while he was in possession of the cotton in controversy, .were explanatory of his possession, as showing the extent of his claim to it — tending to show that he held it as agent of another, and not as his own — and were, therefore, admissible in evidence to prove the fact of such ownership. — Humes v. O'Bryan, 74 Ala. 64, and cases cited on page 80.
2. It was competent for the plaintiff to show, on cross-examination, the bias of the witness Wilkinson, by proving that he was sued in another action by the plaintiff, for a portion of…
2Cases cited4 opinions
- Humes v. O'Bryan & WashingtonSupreme Court of Alabama · 1883
- Borland v. MayoSupreme Court of Alabama · 1845
- Renwick v. BancroftSupreme Court of Iowa · 1881
- Wesley v. StateSupreme Court of Alabama · 1875
3Cited by21 opinions
- Sorrell v. ScheuerSupreme Court of Alabama · 1923
- Veith v. StateCourt of Criminal Appeals of Alabama · 1972
- Drs. Lane, Bryant, Eubanks & Dulaney v. OttsSupreme Court of Alabama · 1982
- Patton v. StateSupreme Court of Alabama · 1916
- Walker County v. DavisSupreme Court of Alabama · 1930
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