Legal Opinion

Pinckard v. Abel

Supreme Court of Alabama

Decided April 5, 1917No. 7 Div. 864PublishedCited by 1 opinion

Appeal from City Court of Gadsden; John H. Disque, Judge. W. D. Pinckard and another, a partnership, recovered a judgment against D. C. Abel, and had it levied upon certain personal property, including a mule, and a certain mill outfit. Claim to one-third interest in the mill outfit and in the mule was interposed by O. R. Abel, and there was jury and verdict for claimant, from which plaintiff appeals. Transferred from the Court of Appeals under section 6, .Acts 1911, p. 449.

1Opinion of the Court

ANDERSON, O. J.

[1-3] This was a trial of the right of property, and it may be conceded that the defendant gave the mu\e in controversy to his son, the claimant, and that it was liable to the plaintiff’s judgment, but the claim also involved a one-third interest in a milling outfit, and as to which the claimant’s title was a question for the jury. Therefore the charge refused the plaintiff (the affirmative charge) was bad in form and was misleading, and its refusal was not reversible error. Cochran v. Kimbrough, 157 Ala. 454, 47 South. 709. Since reversible error cannot be predicated npon the…

2Cases cited1 opinion

  1. Cochran v. KimbroughSupreme Court of Alabama · 1908

3Cited by1 opinion

  1. Alabama Waterproofing Co., Inc. v. HanbySupreme Court of Alabama · 1983

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