Reedy v. Kelley
Supreme Court of Alabama
Appeal from Circuit Court, Cherokee County ; W. W. Haralson, Judge. Detinue for a mule by J. E. Reedy, as administrator, etc., against Bill Kelley. Judgment for defendant, and plaintiff appeals.
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Appeal from Circuit Court, Cherokee County ; W. W. Haralson, Judge. Detinue for a mule by J. E. Reedy, as administrator, etc., against Bill Kelley. Judgment for defendant, and plaintiff appeals. Transferred from Court of Appeals under Acts 1911, p. 449, § 6. A soldier ordered to the seat of war is not in such Imminent peril as to justify the. making of a gift causa mortis. 20 Cyc. 1236. No valid gift is shown. 174 Ala. 166, 56 South. 958; 147 Ala. 189, 41 South. 854; 99 Ala. 447, 12 South. 791; 91 Ala. 243, 9 South. 165. Counsel discussess the evidence, and criticizes the authorities cited by…
1Opinion of the CourtMcCLELLAN, J.
[1] This is an action of detinue, instituted by the administrator of the estate of Porter Reedy, deceased, against the appellee, to recover a mule. In September, 1917, or a short time before then, Porter Reedy was drawn into the army of the United States through. the selective draft, and, after a year’s military training, died in the service of his country in France. At the time he entered the service he owned an ungatliered crop and the mule in question. He felt and frequently expressed the persistent apprehension, conviction, so to speak, that he would lose his life in the service to which…
2Cases cited10 opinions
- Smith v. DorseyIndiana Supreme Court · 1872
- Jones v. WeakleySupreme Court of Alabama · 1892
- Wheeler v. ArmstrongSupreme Court of Alabama · 1909
- O'Neil v. O'NeilMontana Supreme Court · 1911
- Barnes v. BarnesSupreme Court of Alabama · 1911
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3Cited by6 opinions
- Smith v. EshelmanSupreme Court of Alabama · 1938
- Herring v. ElliottSupreme Court of Alabama · 1928
- Coley v. WalkerCourt of Civil Appeals of Alabama · 1996
- Stradcutter v. StradcutterSupreme Court of Minnesota · 1921
- McGee v. McGeeSupreme Court of Alabama · 2012
1 more not listed; retrieve them via the Exa API.