Pilcher v. Dothan Mule Co.
Alabama Court of Appeals
Appeal from Houston Circuit Court. Heard before Hon. H. A. Pearce. Trover by tbe Hotlian Mule Company against G-. W. Pilcher. Judgment for plaintiff, and defendant appeals. The complaint declared for tbe conversion, of one mouse colored mare -mule about twelve years old, and tbe mortgage referred to was given by one Moates to tbe Dothan Mule Company, and conveyed all tbe horses, cattle, mules and bogs, or other live stock owned by tbe maker.
1Opinion of the CourtWalker, P. J.
Tbe objection to tbe introduction of secondary evidence of tbe contents of tbe mortgage under which tbe plaintiff claimed tbe right to tbe property alleged to have been converted was properly overruled. Tbe custodian of tbe paper, who was an officer of tbe plaintiff company, testified to tbe paper having been in tbe courthouse and shown to tbe lawyers in tbe case; that be thought it was with tbe other papers in tbe case; but that, after be found that it was not in tbe courthouse, be looked through all bis papers, and in all places where be usually kept such papers, and could not find it. This…
2Cases cited5 opinions
- McAlpine v. StateSupreme Court of Alabama · 1897
- Sloss-Sheffield Steel & Iron Co. v. O'NealSupreme Court of Alabama · 1910
- Patterson v. StateSupreme Court of Alabama · 1906
- Southwestern Ala. Ry. Co. v. Maddox & SonSupreme Court of Alabama · 1906
- Saunders v. Tuscumbia Roofing & Plumbing Co.Supreme Court of Alabama · 1906
3Cited by1 opinion
- Payne v. HamblinMississippi Supreme Court · 1921