Southern Warehouse Co. v. Johnson
Supreme Court of Alabama
Appeal from the Circuit Court of Montgomery. Tried before the Hon. John P. Hubbard. This action was brought by the appellant, a corporation, against Isham Johnson, to recover the following personal property, as described in the complaint: “one red sorrel mule, one dark mare mule, one two-horse wagon, two cows, and one buggy.”
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Appeal from the Circuit Court of Montgomery. Tried before the Hon. John P. Hubbard. This action was brought by the appellant, a corporation, against Isham Johnson, to recover the following personal property, as described in the complaint: “one red sorrel mule, one dark mare mule, one two-horse wagon, two cows, and one buggy.” There was a demurrer to the complaint, “on the ground of uncertainty in the description of the property;” and the demurrer having been overruled, the cause was tried on issue joined. The jury returned a verdict for the defendant, and assessed the value of the property as…
1Opinion of the CourtStone, C. J.
The complaint in this case claims “one red sorrel mule,” and “one dark mare mule.” The affidavit for seizure gives the same description. In the absence of proof to the contrary, we must presume it was practicable to assess their value separately. — Code of 1886, § 2719. This is a statutory requirement, whose policy is obvious. The party cast in the action may be able to deliver a part of the property, and not the residue. Our rulings are all to the effect, that a failure to assess the separate values, when practicable, is a reversible error. — Jones v. Anderson, 76 Ala. 427; Townsend v.…
2Cases cited5 opinions
- Jones v. AndersonSupreme Court of Alabama · 1886
- Jones v. AndersonSupreme Court of Alabama · 1884
- Savage v. Russell & Co.Supreme Court of Alabama · 1887
- Tait v. MurphySupreme Court of Alabama · 1886
- Eslava v. DillihuntSupreme Court of Alabama · 1871
3Cited by5 opinions
- Gwin v. Emerald Co.Supreme Court of Alabama · 1918
- Jernigan v. WilloughbySupreme Court of Alabama · 1909
- Scott v. HowardSupreme Court of Alabama · 1927
- Boswell v. ThompsonSupreme Court of Alabama · 1909
- Cox v. BoyettSupreme Court of Alabama · 1896