Chandler Bros. v. Higgins
Supreme Court of Alabama
Appeal from Bessemer City Court. Heard before Hon. William Jaoicson. Detinue by M. M. Higgins against Chandler Bros, for a horse and wagon. Judgment, for plaintiff, and defendants appeal. The plaintiff claimed title under a bill of sale which he claims to have acquired from one G. A. Gillette on June 4, 1904. The defendants also claim the property on a purchase from G. A. Gillette on August 21, 1904, together with a stock of wall paper.
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Appeal from Bessemer City Court. Heard before Hon. William Jaoicson. Detinue by M. M. Higgins against Chandler Bros, for a horse and wagon. Judgment, for plaintiff, and defendants appeal. The plaintiff claimed title under a bill of sale which he claims to have acquired from one G. A. Gillette on June 4, 1904. The defendants also claim the property on a purchase from G. A. Gillette on August 21, 1904, together with a stock of wall paper. The defenses sought to be made were that the sale from Gillette to Higgins was made for the purpose and with the intent to hinder, delay, or defraud the…
1Opinion of the CourtHaralson, J.
This is an action of detinue, for a horse and wagon, brought by the appellee, Higgins, against the appellants, Chandler Bros.
The first, second, and eighteenth assignments of error are without merit. It is unnecessary that a witness should be an expert to testify as to the value of a horse *513and wagon. If the witness did not know such value, it could have been brought out on cross-examination and the testimony excluded. — E. T., V. & G. R. R. Co. v. Watson, 90 Ala. 44, 7 South. 813, and authorities there cited.
The plaintiff, Higgins, in his direct testimony had said that he bought the horse and…
2Cases cited2 opinions
- East Tenn., Va. & Ga. Railroad v. WatsonSupreme Court of Alabama · 1890
- Morrissett v. WoodSupreme Court of Alabama · 1898
3Cited by8 opinions
- Birmingham R. L. & P. Co. v. SaxonSupreme Court of Alabama · 1912
- Atlanta Life Ins. Co. v. AshSupreme Court of Alabama · 1934
- Rosenbush Feed Co. v. GarrisonSupreme Court of Alabama · 1948
- Midland Valley R. Co. v. EzellSupreme Court of Oklahoma · 1913
- Patterson v. Alabama Fuel & Iron Co.Supreme Court of Alabama · 1915
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