Griffith & Warren v. Biggers
Supreme Court of Alabama
Appeal from Circuit Court, Cullman County; O. Kyle, Judge. Detinue by H. P. Biggers against Griffith & Warren, for a bale of cotton.- Judgment for the plaintiff, and defendants appeal. Transferred from Court of Appeals under section 6, Acts 1911, p. 449. The landlord became legally bound for the indebtedness of the tenant Carnes to appellant, and the court erred in finding for the plaintiff.
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Appeal from Circuit Court, Cullman County; O. Kyle, Judge. Detinue by H. P. Biggers against Griffith & Warren, for a bale of cotton.- Judgment for the plaintiff, and defendants appeal. Transferred from Court of Appeals under section 6, Acts 1911, p. 449. The landlord became legally bound for the indebtedness of the tenant Carnes to appellant, and the court erred in finding for the plaintiff. Section 4734, Code 1907; 103 Ala. 223, 15 South. 521;. 11 Ala. 1067; 73 Ala. 325. The court properly rendered the judgment for the plaintiff. Section 4734, Code 1907; 111 Ala. 433, 20 South. 453; 92 Ala.…
1Opinion of the CourtMiller, J.
H. P. Biggers sues Griffith & Warren in an action of detinue for a hale of cotton. The case was tried by the court without a jury, and there was judgment for plaintiff for the cotton, and its value was fixed at $100. This judgment is assigned as error.
J. W. Carnes rented land for the year 1920 from R. T. Edwards. This bale of cotton was raised by him on this land that year in Cullman county. Proof of value ranged from $75 to $110. After renting the land Carnes on January 15, 1920, gave plaintiff a mortgage on his crop of cotton and corn of the year 1920 in that county. It was signed by…
2Cases cited6 opinions
- Finney v. Studebaker Corp. of AmericaSupreme Court of Alabama · 1916
- Reese v. HarrisSupreme Court of Alabama · 1855
- Butler-Kyser Manufacturing Co. v. Central of Georgia Ry. Co.Supreme Court of Alabama · 1914
- Evans v. Billingsley's Adm'rSupreme Court of Alabama · 1858
- Bell & Co. v. HurstSupreme Court of Alabama · 1883
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
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- Whatley v. TaylorSupreme Court of Alabama · 1924
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