Barnhill v. Howard
Supreme Court of Alabama
Appeal from the Circuit Court of Pike. Tried before the Hon. John R. Tyson. This was a statutory action of detinue, brought by the appellee, H. H. Howard, against the appellants, Osborn Barnhill, E. Barnhill and Owen Barnhill, for the recovery of two yoke of oxen; and was originally commenced before a justice of the peace.
Read the full summary
Appeal from the Circuit Court of Pike. Tried before the Hon. John R. Tyson. This was a statutory action of detinue, brought by the appellee, H. H. Howard, against the appellants, Osborn Barnhill, E. Barnhill and Owen Barnhill, for the recovery of two yoke of oxen; and was originally commenced before a justice of the peace. The sheriff took possession of the property sued for under the writ of seizure, and upon the defendants failing to give a detinue bond within the time prescribed by statute, the plaintiff executed a replevy bond, and the property was delivered to him by the sheriff. ■ In…
1Opinion of the Court
HARALSON, J. —
1. There was no conflict in the evidence as to what the contract between the plaintiff and the defendants was. Its terms and conditions were all certain. Its construction was, therefore, a question for the court and not for the jury to determine. — Jones v. Pullen, 66 Ala. 306; Guilmartin v. Wood, 76 Ala. 209; Foley v. Felrath, 98 Ala. 176, 181.
2. By the terms of the contract, the property purchased was identified, and its price and the terms of payment -were agreed upon — nothing remaining to be done in these respects. The property was delivered by the vendors into the hands of…
2Cases cited5 opinions
- Jackson, Morris & Co. v. RutherfordSupreme Court of Alabama · 1882
- Foley v. FelrathSupreme Court of Alabama · 1893
- Jones v. AndersonSupreme Court of Alabama · 1884
- Jones v. PullenSupreme Court of Alabama · 1880
- Dykes v. ClarkeSupreme Court of Alabama · 1893
3Cited by20 opinions
- McFadden & Bro. v. HendersonSupreme Court of Alabama · 1900
- Air Conditioning Engineers, Inc. v. SmallSupreme Court of Alabama · 1953
- Reynolds v. MasseySupreme Court of Alabama · 1929
- Foster & Creighton Co. v. BoxSupreme Court of Alabama · 1953
- Langley v. OwensSupreme Court of Florida · 1906
15 more not listed; retrieve them via the Exa API.