McCoy v. Prince
Supreme Court of Alabama
Appeal from Winston Circuit Court. Heard before Hon. John H. Miller. Detinue by Robert McCoy against L. F. Prince. Judgment for' plaintiff and defendant appealed to Court of Appeals, which transferred the appeal under section 6, Acts 1911, p. 449, to Supreme Court. It appears from the evidence that Prince and McCoy traded horses, McCoy getting Prince’s mare, and Prince getting McCoy’s mule.
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Appeal from Winston Circuit Court. Heard before Hon. John H. Miller. Detinue by Robert McCoy against L. F. Prince. Judgment for' plaintiff and defendant appealed to Court of Appeals, which transferred the appeal under section 6, Acts 1911, p. 449, to Supreme Court. It appears from the evidence that Prince and McCoy traded horses, McCoy getting Prince’s mare, and Prince getting McCoy’s mule. The trade was permitted to stand for about three weeks when, one day, Prince was in town and left the mule hitched, whereupon McCoy, after changing bridles and saddles, left the-mare that he had received…
1Opinion of the CourtAnderson, C. J.
This case was decided, upon a former appeal, and is reported in 11 Ala. App. 388, 66 South. 950. We think that the legal questions involved were correctly set forth in the opinion of said court, and need add nothing to what was there said in order to dispose of the present appeal.(1) It is true that the opinion conflicts in one particular with an expression in the opinion in the case of Hafer v. Cole, 176 Ala. *667at the top of page 247, 57 South. 757, but we think that the Court of Appeals properly treated the expression as dicta. It did not relate directly to the point involved, was arguendo,…
2Cases cited3 opinions
- Hafer v. ColeSupreme Court of Alabama · 1912
- McCoy v. PrinceAlabama Court of Appeals · 1914
- Hockensmith v. WintonAlabama Court of Appeals · 1914
3Cited by11 opinions
- Cartwright v. BralySupreme Court of Alabama · 1928
- Gorman-Gammill Seed & Dairy Supply Co. v. CarlisleSupreme Court of Alabama · 1929
- Whitehead v. CokerAlabama Court of Appeals · 1917
- United States Steel Corp. v. WoodAlabama Court of Appeals · 1958
- Catanzano v. HydingerSupreme Court of Alabama · 1936
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