Scott v. Howard

The decisions of this court are uniform in holding that a judgment in the action of detinue or the corresponding statutory action, which does not ascertain and assess the alternate value of the property involved in accordance with the pre-. scription of the statute, is erroneous, and subject to be reversed on appeal. Code of 1923, § 7382 ; 3 Brick. Digest, 308, § 40; Averett v. Milner, 75 Ala. 505; Gwin v. Emerald Co., 201 Ala. 384, 78 So. 758; Jones v. Anderson, 76 Ala. 427; Southern Warehouse Co. v. Johnson, 85 Ala. 178, 4 So. 643.

Some of the cases hold that, where it appears that the…