Forbes v. Rogers
Supreme Court of Alabama
Appeal from the City Court of Montgomery. ' Tried before Hon. A. D. Sayre. This ivas an action of trover brought by the appellee, Mamie Rogers, against the appellant, E. E. Forbes, and sought the recovery of a piano, which had been delivered by the plaintiff to the defendant under a contract of exchange of pianos.
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Appeal from the City Court of Montgomery. ' Tried before Hon. A. D. Sayre. This ivas an action of trover brought by the appellee, Mamie Rogers, against the appellant, E. E. Forbes, and sought the recovery of a piano, which had been delivered by the plaintiff to the defendant under a contract of exchange of pianos. The defendant was ready and able to comply with his part of the contract, but the plaintiff withdrew therefrom, and brought this suit to recover the piano she had delivered under the contract. The facts are sufficiently set out in the opinion. From a judgment for plaintiff,…
1Opinion of the CourtAnderson, J.
This was an action of trover for the conversion of a piano. The case was tried by the judge without a jury, who rendered judgment for the plaintiff, and the defendant appeals.
The demurrer to plea No. 1 ivas properly sustained. The action was in tort and could be brought either in the county where defendant resided, or where the tort was committed. The plea denies that defendant resides in Montgomery county, but does not deny that the tort was committed in said county. — Code 1896, § 4205.
The action of the trial judge in striking pleas will not be reviewed by this Court, when the bill of…
2Cited by6 opinions
- Smith v. StateSupreme Court of Alabama · 1916
- Drennen Motor Car Co. v. EvansSupreme Court of Alabama · 1915
- Ex Parte LundySupreme Court of Alabama · 1983
- Commissioners Court v. State ex rel. Southern Ry. Co.Supreme Court of Alabama · 1906
- Momand v. Paramount Publix Corp.Court of Appeals for the Tenth Circuit · 1937
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