Legal Opinion

Foust v. Kinney

Supreme Court of Alabama

Decided November 28, 1918No. 6 Div. 760PublishedCited by 37 opinions

Appeal from Circuit Court, Cullman County; O. Kyle, Judge. Action by W. P. Foust against E. O. Kinney and others in detinue, trespass, and trover. From judgment for defendants, plaintiff appeals.

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Appeal from Circuit Court, Cullman County; O. Kyle, Judge. Action by W. P. Foust against E. O. Kinney and others in detinue, trespass, and trover. From judgment for defendants, plaintiff appeals. The complaint is as follows: (1) Five thousand dollars as damages for the wrongful taking of the following articles of personal property. * * * (2) The plaintiff claims of the defendants the following personal property, * * with the value of the use and hire thereof during detention, viz. * * * (3) Same as count 1, with this added averment: Plaintiff avers that said colt was taken from him by the…

1Opinion of the CourtThomas, J.

The trial was had on several counts of the complaint, declaring in trover, detinue, and trespass to personal and real property.

The judgment entry recites that to counts 3, 4, 5, 7, and 8, as amended, demurrer was sustained; yet it also thereafter recites that count 4 was amended, and that issue was joined “on counts 1, 2, 3, 4, and 6 of the complaint as amended.” The effect of this recital is that such of the counts on which issue was joined were amended after demurrer had been theretofore sustained, yet the amendments (if made) to the amended counts to which demurrer was so sustained, or the…

2Cases cited28 opinions

  1. Bessemer Land & Improvement Co. v. JenkinsSupreme Court of Alabama · 1895
  2. Atlanta & Birmingham A. L. Ry. v. BrownSupreme Court of Alabama · 1908
  3. White v. YawkeySupreme Court of Alabama · 1895
  4. Howton v. MathiasSupreme Court of Alabama · 1916
  5. Elmore v. FieldsSupreme Court of Alabama · 1907

23 more not listed; retrieve them via the Exa API.

3Cited by37 opinions

  1. Rushing v. Hooper-McDonald, Inc.Supreme Court of Alabama · 1974
  2. Walker County v. DavisSupreme Court of Alabama · 1930
  3. Grand Bay Land Co. v. SimpsonSupreme Court of Alabama · 1922
  4. Milford v. Tenn. River Pulp & Paper Co.Supreme Court of Alabama · 1978
  5. Womack v. McDonaldSupreme Court of Alabama · 1929

32 more not listed; retrieve them via the Exa API.

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