Conner & Johnson v. Allen & Reynolds
Supreme Court of Alabama
Appeal from the Circuit Court of Dallas. Tried before the Hon. E. W. Pettus. This action was brought by Allen & Eeynolds, against the appellants, to recover damages for their conversion of a buggy in August, 1855. Tbe facts of the case are thus stated in tbe bill of exceptions: -“On the trial of this cause, the plaintifis offered evidence conducing to show that, on the- day of-, 185-, they were the' proprietors of a livery-stable in Selma, and kept horses, buggies, &c., for…
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Appeal from the Circuit Court of Dallas. Tried before the Hon. E. W. Pettus. This action was brought by Allen & Eeynolds, against the appellants, to recover damages for their conversion of a buggy in August, 1855. Tbe facts of the case are thus stated in tbe bill of exceptions: -“On the trial of this cause, the plaintifis offered evidence conducing to show that, on the- day of-, 185-, they were the' proprietors of a livery-stable in Selma, and kept horses, buggies, &c., for hire; that on that day the defendants hired a horse and buggy, at one dollar and a half for each, to go to Summerfield,…
1Opinion of the Court
PICE, C. J.—
Trover is one of the actions, the boundaries of which are distinctly marked and carefully preserved by the Code. A conversion is now, as it has ever been, the gist of that action, (Harris v. Hilman, 26 Ala. 380;) aod withoufipfborpf it, the plaintiff cannot recoven, whatever else he may prove, or whatever maybe his right, of recovery in another form of action.
“ Whoever undertakes tortiously to deal with the property of another as his own, or tortiously detains it from the owner, is, in contemplation of law, guilty of a conversion.” Watt v. Potter, 2 Mason’s P. 77. “A conversion,…
2Cases cited1 opinion
- Harris v. HillmanSupreme Court of Alabama · 1855
3Cited by28 opinions
- Bolling v. Kirby & BrotherSupreme Court of Alabama · 1890
- Clardy v. Capital City Asphalt Co.Supreme Court of Alabama · 1985
- Loeb & Brother v. Flash Bros.Supreme Court of Alabama · 1880
- Russell-Vaughn Ford, Inc. v. RouseSupreme Court of Alabama · 1968
- Scott Paper Co. v. Novay Cherry Barge Service, Inc.Court of Civil Appeals of Alabama · 1972
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