Hooper v. Pierce
Supreme Court of Alabama
Appeal from Marshall Circuit Court. Heard before Hon. W. W. Haralson. Detinue by A. B. Hooper against B. F. Pierce for the recovery of three bales of cotton, for which plaintiff executed Ms forthcoming bond and on which the property was delivered to plaintiff. From a judgment for defendant, plaintiff appeals. Counsel discuss Wo assignments of error relative to the admission of evidence and cite authorities to support their contention.
Read the full summary
Appeal from Marshall Circuit Court. Heard before Hon. W. W. Haralson. Detinue by A. B. Hooper against B. F. Pierce for the recovery of three bales of cotton, for which plaintiff executed Ms forthcoming bond and on which the property was delivered to plaintiff. From a judgment for defendant, plaintiff appeals. Counsel discuss Wo assignments of error relative to the admission of evidence and cite authorities to support their contention. They insist that charge S was unauthorized under the facts in this case, and cite in support thereof, Gersan v. Norman, 111 Ala. 433.
1Opinion of the Court
McCLELLAN, j.
Action of detinue for decovery of cotton. The plaintiff had executed in proper order a forthcoming bond for the property, and there was judgment for defendant.
The bill of exceptions is silent as to any evidence of value of the property in question, and yet it appears that the court, by specially requested charge, instructed the jury that, if they found for the defendant, they should assess the value of the property at $117. The giving of this charge was error, for which the judgment must be reversed, and the cause remanded. — Gerson v. Norman, 111 Ala. 433, 20 South. 453.
There…
2Cases cited1 opinion
- Gerson & Sons v. NormanSupreme Court of Alabama · 1895
3Cited by1 opinion
- Gwin v. Emerald Co.Supreme Court of Alabama · 1918