Roman v. Dreher
Alabama Court of Appeals
Appeal from Cullman Circuit Court. Heard before Hou. D. W. Speaks. Trover by S. Roman as trustee against the Dreher Mfg. Co., and others. Pending the trial the complaint was amended by striking out the name of the other defendants except Emmett Lloyd, and the court rendered judgment for him, and plaintiff appeals.
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Appeal from Cullman Circuit Court. Heard before Hou. D. W. Speaks. Trover by S. Roman as trustee against the Dreher Mfg. Co., and others. Pending the trial the complaint was amended by striking out the name of the other defendants except Emmett Lloyd, and the court rendered judgment for him, and plaintiff appeals. It is established law that liability for tort is joint and several, and where two or more are sued, if the evidence does not warrant a judgment against all, the plaintiff may recover against those who are guilty, and the others may be acquitted. — South. Ry. Go. v. Arnold, 162 Ala.…
1Per curiam
This is an action of trover, brought, originally, by the appellant against the Dreher Manufacturing Company, a corporation, A. Dreher, Jr., and Emmett Loyd, but the complaint was finally amended by striking out the names of all the parties defendant except said Emmett Loyd. This last amendment was made at the close of the evidence, and the court gave the general affirmative charge in favor of said defendant.
The contention of the appellees, in which the court seems to have concurred, is that inasmuch as the original complaint alleged a joint conversion, no recovery could be had against one of…
2Cases cited9 opinions
- Southern Ry. Co. v. ArnoldSupreme Court of Alabama · 1909
- Torrey v. ForbesSupreme Court of Alabama · 1891
- Irwin v. EversonSupreme Court of Alabama · 1891
- Powell v. ThompsonSupreme Court of Alabama · 1885
- Northern Alabama Railway Co. v. MansellSupreme Court of Alabama · 1903
4 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Cherkezian v. JulinAppellate Court of Illinois · 1930
- Walker v. St. Louis-San Francisco Ry. Co.Supreme Court of Alabama · 1926