Baker v. Hutchinson
Supreme Court of Alabama
Appeal from Tallapoosa Circuit Court. Heard before Hon. S. L. Brewer. Action by Columbus Hutchinson against D. W. Balter. Judgment for plaintiff. Defendant appeals. The complaint was in the following language: “The plaintiff claims of the defendant the sum of $200 damages for the wrongful conversion by him, on or about the 15th day of October, 1903, of the following personal property, to-wit: Three bales of lint cotton, the property of plaintiff.
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Appeal from Tallapoosa Circuit Court. Heard before Hon. S. L. Brewer. Action by Columbus Hutchinson against D. W. Balter. Judgment for plaintiff. Defendant appeals. The complaint was in the following language: “The plaintiff claims of the defendant the sum of $200 damages for the wrongful conversion by him, on or about the 15th day of October, 1903, of the following personal property, to-wit: Three bales of lint cotton, the property of plaintiff. (2) The plaintiff further claims of the defendant the sum of $200 damages for this: that on or about the 15th day of October, 1903, the defendant…
1Opinion of the CourtWeakly, C. J.
Tbe second count of the complaint was not subject to the demurrer interposed. It was sufficiently definite under our liberal rules of pleading, and made a case of liability for tbe destruction of plaintiff’s alleged lien, growing out of tbe mortgage. It was not necessary to allege the evidential facts which would upon tbe trial, be relied on to establish tbe existence of tbe lien. There was no necessity for more specific averments. •
*641The demurrer to the third plea, as amended, was properly sustained. The plea did not allege the facts out of which the fraud was supposed to arise. When fraud is…
2Cases cited1 opinion
- Reynolds v. Excelsior Coal Co.Supreme Court of Alabama · 1893
3Cited by4 opinions
- Dixie v. HarrisonSupreme Court of Alabama · 1909
- Central of Georgia Ry. Co. v. Dothan Nat. BankSupreme Court of Alabama · 1921
- Douglass v. N. S. Davenport Co.Supreme Court of Alabama · 1926
- J. T. Camp Transfer & Warehouse Co. v. BonhamAlabama Court of Appeals · 1914