Brown & Hagin Co. v. McCullough
Supreme Court of Alabama
Appeal from Morgan Circuit Court. Heard before Hon. D. W. Speake. Action by Brown & Hagin Company against R. N. McCullough in detinue, trover and trespass. Plaintiff appealed from a judgment of non-suit. Transferred from Court of Appeals under act creating said court.
1Opinion of the Court
MAYFIELD, J. —
Appellant, a Tennessee corporation, sued the appellee, sheriff of Morgan county, Ala., to recover 4,000 half-pints of whisky. The complaint contained three counts. The first was in detinue, to recover the whisky; the second was in trover, for its conversion; and the third, for trespass, in the wrongful taking thereof. To the complaint the defendant pleaded the general issue, and two special pleas, one setting up the pendency of a proceeding in rem, in the Morgan county law and equity court, for the seizure and destruction of the whisky sued for, and the second, a plea of…
2Cases cited5 opinions
- Douglass v. Phenix InsuranceNew York Court of Appeals · 1893
- Kress v. PorterSupreme Court of Alabama · 1902
- Stephenson v. WrightSupreme Court of Alabama · 1895
- Street v. McClerkinSupreme Court of Alabama · 1884
- Jones v. BaxterSupreme Court of Alabama · 1906
3Cited by6 opinions
- Garrett v. StateCourt of Civil Appeals of Alabama · 1999
- Shirley v. McDonaldSupreme Court of Alabama · 1929
- City of Gadsden v. JordanCourt of Civil Appeals of Alabama · 1998
- Montgomery v. MontgomerySupreme Court of Alabama · 1938
- Alexander v. City of BirminghamCourt of Civil Appeals of Alabama · 2012
1 more not listed; retrieve them via the Exa API.