Calhoun County v. Art Metal Construction Co.
Supreme Court of Alabama
Detinue. Apeal from Anniston City Court. Heard before Hon. Thomas W. Coleman, Jr. Detinue by the Art Metal Construction Company against Calhoun county. From a judgment for plaintiff, defendant appeals.
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Detinue. Apeal from Anniston City Court. Heard before Hon. Thomas W. Coleman, Jr. Detinue by the Art Metal Construction Company against Calhoun county. From a judgment for plaintiff, defendant appeals. The evidence tended to show that the Art Metal Construction Company shipped a lot of fixtures in boxes to their own order to Anniston, Ala., and that they were taken out of the depot by the judge of probate of the county as agent of the construction company and placed in a room in the courthouse in what is now the judge of probate’s office: The courthouse was being constructed for the county…
1Opinion of the CourtAnderson, J.
The evidence in the case failed co show a divestiture of the plaintiff’s title to the chattels invoiced. They were shipped by the plaintiff and consigned to its own order, and were received and held by Judge Crook as its agent, and were so held by him when the contractors threw up the job of building the court, house. Therefore the county could not have acquired a title under the tenth clause of the contract it had with the contractors. Nor was there any evidence that the *612county got them under a contract of purchase, express or implied. While put in the office by plaintiff’s agent with the…
2Cases cited9 opinions
- Morris v. . RexfordNew York Court of Appeals · 1859
- Kinney v. . KiernanNew York Court of Appeals · 1872
- McNutt v. HilkinsNew York Supreme Court · 1894
- Fuller v. DurenSupreme Court of Alabama · 1860
- Wortham v. GurleySupreme Court of Alabama · 1883
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3Cited by7 opinions
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