McGowan v. Lynch
Supreme Court of Alabama
Appeal from Elmore Circuit Court. Heard before Hon. A. H. Alston. Trover by W. T. Lynch against Mike McGowan for the conversion of a mare. From a judgment for plaintiff, defendant appeals. The verdict was not such as would justify the judgment that was rendered. — Tisclale v. A. & JS. Lbr. Go., 131 Ala. 456; Moody v. Keener} 1 Port. 218.
1Opinion of the Court
McCLELLAN, J.-
The action is trover, and the jury returned, and the judgment was rendered on, the following verdict: “We, the jury, find for the plaintiff for the calico pacing mare valued at $40, and assess $10 -damages for the detention and use thereof.” The assessing of damages for the detention and use was erroneous, -and *459is surplussage in tlie verdict as rendered. — Tatum v. Manning, 9 Ala. 149. While the verdict in this instance is very inart-fully expressed, yet, applying the rule of utmost favor always extended verdicts, and exempting, as should he done, this verdict from the strict…
2Cases cited2 opinions
- Moody v. KeenerSupreme Court of Alabama · 1838
- Tatum v. ManningSupreme Court of Alabama · 1846
3Cited by3 opinions
- Maycroft v. Jennings FarmsMichigan Supreme Court · 1920
- City Council v. ShirleySupreme Court of Alabama · 1908
- Ashland Oil Mill & Fertilizer Co. v. LaneSupreme Court of Alabama · 1918