Legal Opinion
Kelley v. Cassels
Supreme Court of Alabama
Decided April 13, 1933No. 7 Div. 177PublishedCited by 9 opinions
1Opinion of the Court
POSTER, Justice.
This case was tried on a single count in trover for the conversion of two bales of cotton. To such a count the general issue is ordinarily sufficient to justify evidence of any available defense except a release. Bryan v. Day, 225 Ala. 687, 145 So. 150; Sullivan v. Miller, 224 Ala. 395, 140 So. 606.
“Marshaling of securities is not ordinarily enforceable in proceedings in a court of law, except in those cases where an equitable defense is permitted by law” (38 Corpus Juris, 1380, § 25), for the rule without statute is said to obtain at law only to such qualified extent. Nelson…
2Cases cited22 opinions
- Nelson & Hatch v. DunnSupreme Court of Alabama · 1849
- Barrett v. City of MobileSupreme Court of Alabama · 1900
- Heirs of Holman v. Bank of NorfolkSupreme Court of Alabama · 1847
- Leftkovitz v. First National Bank of GadsdenSupreme Court of Alabama · 1907
- New England Mortgage Security Co. v. FrySupreme Court of Alabama · 1904
17 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Ratliff v. RatliffSupreme Court of Alabama · 1937
- Tanner v. StateSupreme Court of Alabama · 1953
- Ballenger v. Liberty National Life Insurance Co.Supreme Court of Alabama · 1957
- Warren v. WarrenMissouri Court of Appeals · 1990
- Blair v. BrooksSupreme Court of Alabama · 1937
4 more not listed; retrieve them via the Exa API.