Hare v. Fuller
Supreme Court of Alabama
Error to the Circuit Court of Talladega. This action was commenced before a justice,to recover damages for unlawful injury of stock, viz: hogs, by the plaintiff, against the defendant in error. Judgment being given for the plaintiff, the defendant appealed to the Circuit Court. In that Court, the case came on to be tried, the amount claimed being under twenty dollars.
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Error to the Circuit Court of Talladega. This action was commenced before a justice,to recover damages for unlawful injury of stock, viz: hogs, by the plaintiff, against the defendant in error. Judgment being given for the plaintiff, the defendant appealed to the Circuit Court. In that Court, the case came on to be tried, the amount claimed being under twenty dollars. It was proved that the plaintiff was the agent of one Rinehart, and as such had the management and possession of his stock of hogs, they not being penned up : Rine-hart had left the country, leaving the plaintiff to control and…
1Opinion of the CourtOrmond, J.
— The only question upon the record, necessary to be noticed, is the right of the plaintiff to maintain the action. The argument upon this point is, that the plaintiff, as bailee, did not have such a possession as would enable him to maintain the action, and that if he did, a mere bailee cannot maintain an action for an injury to the property, although he may for an injury to the possession.
We think it indisputable, that the plaintiff had such a possession of the hogs, as would enable him to maintain an action for an injury done to the possession. He had, indeed, all the possession which the…
2Cited by22 opinions
- Wilkinson v. SearcySupreme Court of Alabama · 1884
- Birmingham Southern R. Co. v. GoodwynSupreme Court of Alabama · 1919
- Alabama Great Southern Railroad v. JonesSupreme Court of Alabama · 1882
- Montgomery Gas-Light Co. v. Montgomery & Eufaula Railway Co.Supreme Court of Alabama · 1888
- Shahan v. Herzberg, Simpson & Co.Supreme Court of Alabama · 1882
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