Legal Opinion

Jebeles & Colias Confectionery Co. v. Hutchinson & Son

Supreme Court of Alabama

Decided December 8, 1910PublishedCited by 1 opinion

Appear from Jefferson Circuit Court. Heard before Hon. A. H. Alston. Trover by W. H. Hutchinson & Son against tbe Jebeles & Colias Confectionery Company, for tbe conversion of a lot of bottles. Judgment for plaintiff and defendant appeals. In an action of trover time must be laid and proven as laid. — Williams v. MoKissaclc, 48 South. ,377; Mobile vr Bap.

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Appear from Jefferson Circuit Court. Heard before Hon. A. H. Alston. Trover by W. H. Hutchinson & Son against tbe Jebeles & Colias Confectionery Company, for tbe conversion of a lot of bottles. Judgment for plaintiff and defendant appeals. In an action of trover time must be laid and proven as laid. — Williams v. MoKissaclc, 48 South. ,377; Mobile vr Bap. Bhore L. Oo-..*48 South. 377. A demand.'and refusal was necessary, — 1 A. & E. Enc. of Law, 728; 9 ib. 208, and. authorities supra. The defendant had power to buy and.-sell merchandise, and. its original, receipt of the goods was legal, and…

1Opinion of the CourtSimpson, J.

This action is by the appellees, against the appellant, for the conversion of certain bottles, etc., by the defendant. The case was tried by the court without a jury.

The assignments of errors from 3 to 13, inclusive, relate entirely to the admission and exclusion of testimony, as to which no argument is made. Assignment No. 1 is to the refusal of the court to grant a continuance to the defendant, which, under the facts shown, Avas a matter resting in the discretion of the court, and there is nothing to show that the discretion was abused.

*110Assignment No. 2 is that the court erred in refusing to…

2Cases cited7 opinions

  1. Ala. & Tenn. Rivers Railroad v. KiddSupreme Court of Alabama · 1859
  2. Huntzicker v. CrockerWisconsin Supreme Court · 1908
  3. Strauss & Sons v. SchwalbSupreme Court of Alabama · 1894
  4. King v. FranklinSupreme Court of Alabama · 1902
  5. Callan v. AndersonSupreme Court of Alabama · 1901

2 more not listed; retrieve them via the Exa API.

3Cited by1 opinion

  1. Farmers' Cotton Oil Co. v. Atlanta & St. A. B. Ry. Co.Supreme Court of Alabama · 1918

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