Baker v. Cotney
Supreme Court of Alabama
Appeal from the Circuit Court of Tallapoosa. Tried before the Hon. A. H. Alston. ' This action was brought by the appellee, S. M. Cotney, against the appellant, D. W. Baker, and sought to recover $375.00 for the taking of certain articles of personal property, which was described in the complaint. The complaint contained three counts. The first count was in trover. The second in trespass, and the third was in case.
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Appeal from the Circuit Court of Tallapoosa. Tried before the Hon. A. H. Alston. ' This action was brought by the appellee, S. M. Cotney, against the appellant, D. W. Baker, and sought to recover $375.00 for the taking of certain articles of personal property, which was described in the complaint. The complaint contained three counts. The first count was in trover. The second in trespass, and the third was in case. The third count claimed damages for that the defendant removed, or caused to be removed and converted to his own use four bales of cotton, .600 pounds of seed cotton, 66 bushels of…
1Opinion of the CourtAnderson, J.
This action was brought by the plaintiff against the defendant for the conversion of the crop or for the destruction of the landlord’® lien. The complaint contains three counts, trover, trespass , and case. Defendant demurred to the third count and the trial court properly overruled said demurrer.
The plaintiff, S. M. Cotney, rented a certain place known as the “Allen place” for the year 1903, to D. N., L. P. and J. J. Cotney, a brother and the other nephews of the plaintiff, for 2000 pounds of lint cotton, to be delivered on the 1st of November of said year. The evidence showed that defendant…
2Cases cited1 opinion
- Pollock & Co. v. GanttSupreme Court of Alabama · 1881
3Cited by6 opinions
- Jordan v. HendersonSupreme Court of Alabama · 1953
- Key v. StateAlabama Court of Appeals · 1913
- Crusoe v. StateAlabama Court of Appeals · 1923
- Martin v. ScottAlabama Court of Appeals · 1915
- Baker v. CotneySupreme Court of Alabama · 1907
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