Minchener v. Robinson
Supreme Court of Alabama
Detinue. Appeal from Montgomery Circuit Court. Heard, before Hon. W. W. Pearson. Detinue by J. T. Robinson against J. R. Minchener and others. Judgment for plaintiff and defendants appeal. The court erred in its ruling on the admission of the testimony because the same was illegal, irrelevant and immaterial to the issues involved in the case.
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Detinue. Appeal from Montgomery Circuit Court. Heard, before Hon. W. W. Pearson. Detinue by J. T. Robinson against J. R. Minchener and others. Judgment for plaintiff and defendants appeal. The court erred in its ruling on the admission of the testimony because the same was illegal, irrelevant and immaterial to the issues involved in the case. This is an action of detinue, the only question being the question of title and the right to possession and the fact or not as to whether the one party is indebted to the other cannot have any bearing on the case. The plaintiff to recover in detinue must…
1Opinion of the CourtSayre, J.
This was an action of detinue for the recovery of an electric motor; the case having originated before a justice of the peace. On appeal to the circuit court, the trial ivas had without a jury. Appellee was plaintiff in that court. Plaintiff and defendants had in some vaguely defined way been associated together in operating a small hardwood factory. The business was known as the “Minchener Hardwood Factory,” belonged to Mrs. Minchener, and was managed by Minchener. The motor in controversy was purchased from one Browder. There is hardly anything in the case, except an issue of fact as to…
2Cases cited2 opinions
- Exchange National Bank v. ClementSupreme Court of Alabama · 1895
- Cross v. EsslingerSupreme Court of Alabama · 1901
3Cited by11 opinions
- Lockwood v. ThompsonSupreme Court of Alabama · 1916
- Winter-Loeb Grocery Co. v. Mutual Warehouse Co.Alabama Court of Appeals · 1912
- Weil v. CenterfitSupreme Court of Alabama · 1918
- Glenn Refining Co. v. WebsterAlabama Court of Appeals · 1912
- Stovall v. HamiltonAlabama Court of Appeals · 1915
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