Kyle v. Caravello
Supreme Court of Alabama
Appeal from the Circuit Court of Jefferson. • Tried before the Hon. James J. Banks. This suit was brought by the appellee, Ralph Caravello, against J. C. Kyle, the appellant, and was commenced on October 2, 1891. The complaint contained but one count, which was in the following language : ‘ ‘ The plaintiff claims of the defendant two hundred dollars, due, for that heretofore, to-wit, 1889, he pledged to defendant one gold watch and chain of the value of two hundred dollars…
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Appeal from the Circuit Court of Jefferson. • Tried before the Hon. James J. Banks. This suit was brought by the appellee, Ralph Caravello, against J. C. Kyle, the appellant, and was commenced on October 2, 1891. The complaint contained but one count, which was in the following language : ‘ ‘ The plaintiff claims of the defendant two hundred dollars, due, for that heretofore, to-wit, 1889, he pledged to defendant one gold watch and chain of the value of two hundred dollars for a loan of thirty ($30) dollars, and defendant, disregarding his agreement with plaintiff, refuses to deliver said…
1Opinion of the Court
BRIOKELL, O. J.
1. The Code prescribes the form *153of a complaint in an action for the conversion of chattels, intended to be a substitute for the declaration in the common law action of trover. When employed, the action in practice is denominated trover, and is governed by the rules applicable at common law to that action. The forms of.pleading appended to the Code, have the force of law; and it is declared that any pleading conforming to these forms, substantially, is sufficient.— Code, § 2265; Crimm v. Crawford, 29 Ala. 623. If it be true, that the complaint is not drawn formally, and is…
2Cases cited7 opinions
- Government Street R. R. v. HanlonSupreme Court of Alabama · 1875
- Crimm's Adm'rs v. CrawfordSupreme Court of Alabama · 1857
- Lawrence v. . MaxwellNew York Court of Appeals · 1873
- Loughborough v. McNevinCalifornia Supreme Court · 1887
- Stewart v. Goode & UlrickSupreme Court of Alabama · 1856
2 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Clinton Mining Co. v. BradfordSupreme Court of Alabama · 1917
- Burgin v. SuggSupreme Court of Alabama · 1923
- Dothan Chero-Cola Bottling Co. v. WeeksAlabama Court of Appeals · 1918
- Wilder v. BushSupreme Court of Alabama · 1917
- Hall v. First BankSupreme Court of Alabama · 1916
5 more not listed; retrieve them via the Exa API.