Corona Coal & Iron Co. v. Bryan
Supreme Court of Alabama
Appeal from Walker Circuit Court. Heard before Hon. James J. Ray. Action by Molly Bryan and others against the Corona Coal & Iron Company and others, for trover and conversion. Judgment for plaintiff and defendant appeals. Pleading as to time is too indefinite and uncertain, and the demurrer to the complaint should have been sustained. — Shields v. Sheffield, 79 Ala. 94; Dusenherry’s ease, 94 Ala. 413; 6 Ene.
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Appeal from Walker Circuit Court. Heard before Hon. James J. Ray. Action by Molly Bryan and others against the Corona Coal & Iron Company and others, for trover and conversion. Judgment for plaintiff and defendant appeals. Pleading as to time is too indefinite and uncertain, and the demurrer to the complaint should have been sustained. — Shields v. Sheffield, 79 Ala. 94; Dusenherry’s ease, 94 Ala. 413; 6 Ene. P. & P. 255-56. It is not necessary to aver the time of conversion so long as the complaint states that it was prior to the bringing of the action, and within the period of the statute.…
1Opinion of the CourtMayfield, J.
Only one question is involved in this appeal — the sufficiency of the complaint.
*87The action is trover. The complaint is in code form. The only objection urged is that it is “too general, indefinite, and uncertain” as to the time of the conversion. The allegation as to time is: “At different times during tlie year 1903 subsequent to March 11th thereof, 1904, 3905, and 3.906, the exact dates being unknown to plaintiff.” This is indeed very general and very indefinite, but it is accompanied with the averment that the exact dates are unknown. It is by no means a model for perspicuity as to…
2Cases cited2 opinions
- Williams v. McKissackSupreme Court of Alabama · 1899
- Mobile J. & K. C. R. R. v. Bay Shore Lumber Co.Supreme Court of Alabama · 1908
3Cited by12 opinions
- Howton v. MathiasSupreme Court of Alabama · 1916
- Cross v. CampbellOregon Supreme Court · 1944
- Lawrenceburg Roller Mills Co. v. Chas. A. Jones & Co.Supreme Court of Alabama · 1920
- Goodyear Tire & Rubber Co. of Alabama, Inc. v. Gadsden Sand & Gravel Co.Supreme Court of Alabama · 1946
- Kilgore & Son v. Shannon & Co.Alabama Court of Appeals · 1912
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