Stamps v. Thomas
Alabama Court of Appeals
Trover and Conversion. Appeal from Bibb Circuit Court. I-Iearcl before Hou. B. M. Miller. Trover by W. A. Thomas against E. M. Stamps for tlie conversion of a half interest in a lot of blacksmith tools. Judgment for plaintiff and defendant appeals. The court erred in sustaining demurrers to the special pleas. — Cotton u.
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Trover and Conversion. Appeal from Bibb Circuit Court. I-Iearcl before Hou. B. M. Miller. Trover by W. A. Thomas against E. M. Stamps for tlie conversion of a half interest in a lot of blacksmith tools. Judgment for plaintiff and defendant appeals. The court erred in sustaining demurrers to the special pleas. — Cotton u. TYard, 45 Ala. 359; Sec. 5331, Code 1907. The general issue puts the burden on the plaintiff to prove everything necessary to make out his case, but does not put. in issue a fact the burden of proving which is on defendant. — Scarbrough v. Black-mon', 108 Ala. 656. As to the…
1Opinion of the CourtWalker, P. J.
The appellant cannot complain of the action of the court in striking his second plea and in sustaining demurrers to his third plea, as under the plea of the generad issue, upon which issue was joined, he had the benefit of the matters of defense set up in those pleas. “In trover, not guilty puts in issue every matter which might be pleaded in bar, except a release.” —Ryan, et al. v. Young, 147 Ala. 660, 41 South. 954; *626Barrett v. City of Mobile, 129 Ala. 179; 39 South. 36, 87 Am. St. Rep. 54.
If the question asked the plaintiff as to his making a demand on the defendant for the property alleged…
2Cases cited12 opinions
- The Albert DumoisSupreme Court of the United States · 1900
- Barrett v. City of MobileSupreme Court of Alabama · 1900
- Ryan v. YoungSupreme Court of Alabama · 1906
- Bufford v. LittleSupreme Court of Alabama · 1909
- Boutwell v. Parker & Co.Supreme Court of Alabama · 1899
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3Cited by3 opinions
- Adams Hardware Co. v. WimbishSupreme Court of Alabama · 1918
- Stover v. StateAlabama Court of Appeals · 1932
- J. T. Camp Transfer & Warehouse Co. v. BonhamAlabama Court of Appeals · 1914