Shriner v. Meyer
Supreme Court of Alabama
Appeal from Mobile Law and Equity Court. Heard before Hon. Safeold Berney. Trover by Henry C. Meyer against W. A. Shriner. Judgment for plaintiff, and defendant appeals. Trover is an equitable action. — Bates v. Murphy, 2 S. & P. 171. A conversion upon which trover may be had must be a tortious act.
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Appeal from Mobile Law and Equity Court. Heard before Hon. Safeold Berney. Trover by Henry C. Meyer against W. A. Shriner. Judgment for plaintiff, and defendant appeals. Trover is an equitable action. — Bates v. Murphy, 2 S. & P. 171. A conversion upon which trover may be had must be a tortious act. Neglect or nonfeasance will not do it.— Bolling v. Kirby, 90 Ala. 222. The gist of the action is the conversion. — King v. Franhlin, 132 Ala. 565. Plaintiff must have a right to the property itself as distinguished from a mere lien. — Henderson v. Pilley, 131 Ala. 551. Plaintiff must prove…
1Opinion of the CourtSayre, J.
This suit was prosecuted by Meyer against Shriner. There were three counts in the complaint. The case being tried by the court without a jury, the judgment was that plaintiff have and recover under the third count, which was a count in trover. The subject of controversy was a plate glass refrigerator, or ice box, and three show cases. As well as we have been able to define the situation to which the bill of exception relates, plaintiff sought to recover on the following facts to support which he offered evidence: Defendant had bought a stock of goods, which incl'hded the articles in suit. He…
2Cases cited11 opinions
- First National Bank v. ChaffinSupreme Court of Alabama · 1897
- Shealy v. EdwardsSupreme Court of Alabama · 1882
- Brown v. BeasonSupreme Court of Alabama · 1854
- Moore v. Monroe Refrigerator Co.Supreme Court of Alabama · 1900
- Dixie v. HarrisonSupreme Court of Alabama · 1909
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3Cited by25 opinions
- Corley v. VizardSupreme Court of Alabama · 1919
- Ivory v. StateSupreme Court of Alabama · 1939
- Rowe v. Alabama Power Co.Supreme Court of Alabama · 1936
- Barrett v. Farmers & Merchants BankSupreme Court of Alabama · 1984
- Ballenger v. Liberty National Life Insurance Co.Supreme Court of Alabama · 1957
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