Norris v. Kelly

BROWN, Justice.

This is an action of detinue by appellee against appellant to recover possession of “One 1944 Chevrolet Truck 1% ton capacity, Motor No. 651006, also one utility trailer, 1944 model with truck” together with “the value of the hire or use thereof.”

The general issue in the action of detinue is “non detinet” or an averment that the allegations of the complaint are untrue: Code of 1940, Tit. 7, § 225; Berlin Machine Works v. Alabama City Furniture Co., 112 Ala. 488, 20 So. 418; 3 Mayfield’s Digest, p. 57, § 22. Defendant’s plea 1 “not guilty” appears to have been treated as the…