Butler v. Jones
Supreme Court of Alabama
Appeal from the City Court of Selma. Tried before the Hon. Jon Haralson. ' This was an action of trover to recover damages for the alleged conversion of certain articles of office furniture consisting of table, desk, chairs, &c.; and was commenced on 30th August, 1884. Issue was joined on the plea of the general issue, the trial resulting in a verdict and judgment for the plaintiff.
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Appeal from the City Court of Selma. Tried before the Hon. Jon Haralson. ' This was an action of trover to recover damages for the alleged conversion of certain articles of office furniture consisting of table, desk, chairs, &c.; and was commenced on 30th August, 1884. Issue was joined on the plea of the general issue, the trial resulting in a verdict and judgment for the plaintiff. As shown by the bill of exceptions, the articles in question were loaned by the plaintiff to one S. J. Howard, a justice of the peace in the city of Selma, and remained in his possession until his death, which…
1Opinion of the CourtSomerville, J.
— 1. The present appeal from the City Court of Selma presents for our review the conclusion and judgment of the court upon the evidence, as well as upon the law of the case, the trial in the lower court having been con*438ducted without a jury. And in passing upon the evidence we are required to do so without any presumption in favor of the ruling of the City Court in behalf of the appellee, who was plaintiff in the court below, and obtained judgment against the appellant, as defendant. Acts 1875-6, p. 386, and p. 390, section 14.
2. The evidence fails, in our opinion, to show a conversion of the…
2Cases cited2 opinions
- Hendricks v. KellySupreme Court of Alabama · 1879
- Durden v. McWilliamsSupreme Court of Alabama · 1857
3Cited by16 opinions
- Bolling v. Kirby & BrotherSupreme Court of Alabama · 1890
- Redwine v. JacksonSupreme Court of Alabama · 1950
- Barnewell v. StephensSupreme Court of Alabama · 1904
- Nelson v. HowisonSupreme Court of Alabama · 1898
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