Samples v. Guyer
Supreme Court of Alabama
Appeal from the Circuit Court of Morgan. Tried before the Hon. H. C. Speake. This action was brought by the appellee, John W. Guyer, against the appellant, R. H. Samples. The facts of the case pertaining to the rulings of the court reviewed on the present appeal, are sufficiently stated in the opinion. There was judgment for the plaintiff.
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Appeal from the Circuit Court of Morgan. Tried before the Hon. H. C. Speake. This action was brought by the appellee, John W. Guyer, against the appellant, R. H. Samples. The facts of the case pertaining to the rulings of the court reviewed on the present appeal, are sufficiently stated in the opinion. There was judgment for the plaintiff. The defendant appeals, and assigns as error, among other rulings of the trial court, the overruling of the demurrers to the plaintiff ’s replications to defendant’s special pleas. The plaintiff was not entitled to rescind the contract. He did not offer to…
1Opinion of the CourtDowdell, J.
This was an action by appellee against appellant for the conversion of a mule ; and defendant pleaded the general issue, and also two special pleas, setting up, in the first, that he obtained the mule, for the conversion of which he was sued, by an exchange with plaintiff of another mule and $2.50, and that plaintiff retained the mule thus obtained, after all cause, if any, for the rescission- had become known, and that he used said mule as long as he was able to be used. The second plea is substantially the same, with the additional averment that plaintiff used and worked the mule so…
2Cases cited5 opinions
- Barnett v. StantonSupreme Court of Alabama · 1841
- Dill v. CampSupreme Court of Alabama · 1853
- Young v. Arntze & Bros.Supreme Court of Alabama · 1888
- Eagan Co. v. JohnsonSupreme Court of Alabama · 1886
- McVay's Adm'r v. IjamsSupreme Court of Alabama · 1855
3Cited by10 opinions
- Beatty v. PalmerSupreme Court of Alabama · 1916
- Butler Manufacturing Co. v. Elliott & CoxSupreme Court of Iowa · 1930
- Consumers Coal & Fuel Co. v. YarbroughSupreme Court of Alabama · 1915
- McCoy v. PrinceAlabama Court of Appeals · 1914
- Comer v. FranklinSupreme Court of Alabama · 1910
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