Broughton v. Broughton
Alabama Court of Appeals
Appeal from Circuit Court, Calhoun County ; Hugh D. Merrill, Judge. Action by Fannie E. Broughton against J. W. Broughton in trover and conversion. Judgment for the defendant, and plaintiff appealed. The court erred in the judgment rendered. 76 Ala. 427; 73 Ala. 215; 21 Ala. 448; 14 Cyc. 251. Two important papers are missing from the records, and the court will presume that the trial court rendered the proper judgment. 189 Ala. 628, 66 South. 605; 2 Ala.
Read the full summary
Appeal from Circuit Court, Calhoun County ; Hugh D. Merrill, Judge. Action by Fannie E. Broughton against J. W. Broughton in trover and conversion. Judgment for the defendant, and plaintiff appealed. The court erred in the judgment rendered. 76 Ala. 427; 73 Ala. 215; 21 Ala. 448; 14 Cyc. 251. Two important papers are missing from the records, and the court will presume that the trial court rendered the proper judgment. 189 Ala. 628, 66 South. 605; 2 Ala. App. 436, 57 South. 73; 6 Ala. App. 411, 60 South. 468.
1Opinion of the CourtBricken, P. J.
Appellant was plaintiff in the court below and brought suit for damages against appellee for the conversion of certain personal property. The first count of the complaint was in trover, and the second count being in detinue for the same property.
The cause was tried by the court without a jury, and judgment rendered in favor of defendant, appellee here. The appellant claimed the property by virtue of its having been set aside to her as exempt by the probate court, but the order of the probate court does not appear in the record, although it is recited that it yras introduced in evidence.
The…
2Cited by6 opinions
- Williams v. ClarkSupreme Court of Alabama · 1955
- Sherman v. GoodAlabama Court of Appeals · 1926
- Northwestern Rug Mfg. Co. v. Russellville Furniture & Mercantile Co.Alabama Court of Appeals · 1928
- First Nat. Life Ins. Co. of America v. SimpsonAlabama Court of Appeals · 1932
- Gray v. United Produce & Products Co.Supreme Court of Alabama · 1971
1 more not listed; retrieve them via the Exa API.