Richards v. Shepherd
Supreme Court of Alabama
Appeal from Jefferson Circuit Court. Heard before Hon. A. A. Coleman. Detinue by Everett Shepherd against Joseph Richards, doing business as the Richards Iron Works, for certain iron railings. Judgment for plaintiff and defendant appeals. Under the evidence in this case, plaintiff was not entitled to recover in detinue. — Reese v. Harris, 27 Ala. 301; Seals v. Edmundon, 73 Ala. 295..
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Appeal from Jefferson Circuit Court. Heard before Hon. A. A. Coleman. Detinue by Everett Shepherd against Joseph Richards, doing business as the Richards Iron Works, for certain iron railings. Judgment for plaintiff and defendant appeals. Under the evidence in this case, plaintiff was not entitled to recover in detinue. — Reese v. Harris, 27 Ala. 301; Seals v. Edmundon, 73 Ala. 295.. Under the facts in this case, the defendant could show title in a third person to defeat recovery without connecting himself therewith.' — Foster v. Chamberlain & Co., 41 Ala. 158; Miller v. J ones, 26 Ala. 247;…
1Opinion of the CourtSayre, J.
This was a statutory action of detinue for the recovery of two iron balcony railings. The facts, which were proven without dispute, may he fairly epitomized as follows: Plaintiff (appellee) contracted with one Carson for th^ddition of an upper story to his storehouse. Carson was to furnish the materials and do the work at a fixed price. The defendant agreed with Carson to furnish the iron work, including four balcony rails, of which those sued for were two. The railings were delivered upon the sidewalk adjacent to the storehouse. Carson subsequently abandoned the uncompleted / work while…
2Cases cited2 opinions
- Insurance Co. v. MowrySupreme Court of the United States · 1878
- Edmondson v. MontagueSupreme Court of Alabama · 1848
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