Mann v. Darden
Alabama Court of Appeals
Appeal from Coosa Circuit Court. Heard before Hon. S. L. Brewer. Action by T. J. Mann against John A. Darden and others for trespass and trover. Judgment for defendants, and plaintiff appeals.
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Appeal from Coosa Circuit Court. Heard before Hon. S. L. Brewer. Action by T. J. Mann against John A. Darden and others for trespass and trover. Judgment for defendants, and plaintiff appeals. For former proceedings in this cause see Darden et al. v. Mann, 163 Ala. 297, 50 South. 1033, and Mann v. Darden et al., 171 Ala. 142, 54 South. 504. The following charges were given at the request of the defendant:- (1) “1 charge you, gentlemen of the jury, that the burden of proving a conspiracy among the defendants to defraud or cheat the plaintiff out of his horse rests upon the plaintiff, and this…
1Opinion of the CourtPelham, J.
This is the third appeal in this case. The other two appeals were considered by the Supreme Court before this court was established. — Darden et al. v. Mann, 163 Ala. 297, 50 South. 1033; Mann v. Darden, et al., 171 Ala. 142, 54 South. 504. The record in the case shows no change from the cases presented on the former appeals so far as the issues in the trial court are concerned. The suit is at the instance of the appellant against the appellees, is in trespass and trover, and proceeds upon the theory that the defendants fraudulently procured a stallion from the plaintiff by leading the…
2Cases cited7 opinions
- Thompson v. CollierSupreme Court of Alabama · 1911
- Southern Railway Co. v. HobbsSupreme Court of Alabama · 1907
- Mann v. DardenSupreme Court of Alabama · 1911
- Lawrence v. Alabama State Land Co.Supreme Court of Alabama · 1905
- DuBose v. ConnerAlabama Court of Appeals · 1911
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3Cited by5 opinions
- Central of Georgia Ry. Co. v. HolmesSupreme Court of Alabama · 1931
- DePee v. National Life & Accident InsuranceSupreme Court of Kansas · 1936
- Hershiser v. Chicago, Burlington & Quincy RailroadNebraska Supreme Court · 1918
- McDaniel v. StateAlabama Court of Appeals · 1914
- Orders v. TurneyCourt of Civil Appeals of Alabama · 1976