Legal Opinion

Draper v. Walker

Supreme Court of Alabama

Decided November 15, 1893PublishedCited by 17 opinions

Appeal from Anniston City Court. Tried before tbe Hon. B. E. Cassady. Action by Draper, Matbis & Co. against Walker, Teague & Co. Tbe facts sufficiently appear from tbe opinion of tbe court.

1Opinion of the CourtColeman, J.

Tbe action was by appellants against tbe appellees. Tbe complaint contains two counts, tbe first, in trpver, and tbe second, in case. Tbe count in case avers tbe destruction by defendants of plaintiffs’ lien upon certain personal property, created by mortgage to plaintiff, excuted by William Curry, April 7tb, 1887. Tbe count in trover is for tbe conversion of tbe same property. Tbe defendant pleaded tbe general issue, and by way of further defense pleaded specially, in pleas Nos. 2, 3 and 4. Tbe court overruled plaintiffs’ demurrer to defendants’ special plea No. 4. It is from tbis ruling of…

2Cases cited19 opinions

  1. Welsh v. PhillipsSupreme Court of Alabama · 1875
  2. Ware v. Hamilton Brown Shoe Co.Supreme Court of Alabama · 1890
  3. Hussey v. PeeblesSupreme Court of Alabama · 1875
  4. Ewing v. BlountSupreme Court of Alabama · 1852
  5. Bingham v. VandegriftSupreme Court of Alabama · 1890

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3Cited by17 opinions

  1. Jones v. BellSupreme Court of Alabama · 1917
  2. Harmon v. Dothan Nat. BankSupreme Court of Alabama · 1914
  3. Pinckard v. CasselsSupreme Court of Alabama · 1915
  4. Hill v. Campbell Commission Co.Nebraska Supreme Court · 1898
  5. Page v. SkinnerSupreme Court of Alabama · 1929

12 more not listed; retrieve them via the Exa API.

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