Bronaugh v. Evans
Supreme Court of Alabama
Appeal from Circuit Court, Madison County ; Robert C. Brickell, Judge. Action of trover and assumpsit by H. M. Evans, as trustee in bankruptcy of the Hitt Box & Lumber Company, against James B. Bronaugh. Prom judgment for plaintiff, defendant appeals. Transferred from Court of Appeals under Acts 1911, p. 45.0, § 6. The verified account was improperly admitted in evidence.
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Appeal from Circuit Court, Madison County ; Robert C. Brickell, Judge. Action of trover and assumpsit by H. M. Evans, as trustee in bankruptcy of the Hitt Box & Lumber Company, against James B. Bronaugh. Prom judgment for plaintiff, defendant appeals. Transferred from Court of Appeals under Acts 1911, p. 45.0, § 6. The verified account was improperly admitted in evidence. Section 3965, Code 1907; 4 Words, and Phrases 3797, 3798; 89 Mo. 408, 14 S. W. 557. Plaintiff was not entitled to recover on the trover count, since no demand and refusal was shown. 141 Ala. 671, 37 South. 659. The judgment…
1Opinion of the Court
ANDERSON, O. J.
[t] Since the trial court found for the plaintiff upon the trover count only, any error in admitting the verified account, if error, was error without injury.
[2] The evidence, as introduced, tended to show that the mules and harness belonged to the bankrupt, Hitt Lumber & Box Company, and were turned over to the appellant in part’ payment of a debt due from Mr. Hitt, the president of the company, to said appellant. If the Hitt Lumber & Box Company was not indebted to the appellant, and the property was turned over by its president, Hitt, to this appellant in payment of an…
2Cases cited2 opinions
- Conner & Johnson v. Allen & ReynoldsSupreme Court of Alabama · 1859
- Coleman v. SilerSupreme Court of Alabama · 1883
3Cited by6 opinions
- Belcher v. Birmingham Trust National BankDistrict Court, N.D. Alabama · 1968
- Smith v. DunlapSupreme Court of Alabama · 1959
- Textile Mills, Inc. v. ColpackSupreme Court of Alabama · 1956
- Dixie Industrial Co. v. Bank of WetumpkaSupreme Court of Alabama · 1922
- Adams v. SmithSupreme Court of Alabama · 1963
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