Hammond Bros. & Co. v. Lusk
Supreme Court of Alabama
Abdeal from Etowah Circuit Court.. Heard before Hon. IV. IV. Haralson. Action by John A. Lusk against Hammond Bros. & Co. From a judgment for plaintiff, defendants appeal. Our rulings are all to the effect that a failure to assess the separate, values Avhen practicable is reversible error. — Southern Warehouse Co. v. Johnson. 85 Ala. 178;Henry & Co. v. Powell, 90 Ala. 440; Jones r. Anderson, 82 Ala. 302; Savage r.
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Abdeal from Etowah Circuit Court.. Heard before Hon. IV. IV. Haralson. Action by John A. Lusk against Hammond Bros. & Co. From a judgment for plaintiff, defendants appeal. Our rulings are all to the effect that a failure to assess the separate, values Avhen practicable is reversible error. — Southern Warehouse Co. v. Johnson. 85 Ala. 178;Henry & Co. v. Powell, 90 Ala. 440; Jones r. Anderson, 82 Ala. 302; Savage r. Russell, S4 Ala. 103; Jones v. Anderson, 70 Ala. 427; Townsend v. Brooks. 76 Ala. 308; Taic v. Murphy, 80 Ala. 440. The statement in the judgment entry that it was admitted that the…
1Opinion of the CourtDowdell, J.
This case comes before us on the record, without a bill of exceptions, and only one question is presented for our consideration, viz., whether or not the value of the property sued for ought to have been assessed separately.
The judgment followed the verdict of the jury. The property sued for was. “one yoke of oxen.” The expression “a jmke of oxen” is in a sense a unity. It implies something more than merely two oxen. It 11103^ be inferred from the expression that the two animals composing the yoke are matched and trained to work together, and it may be that their value as a yoke would be…
2Cases cited2 opinions
- Downs v. BaileySupreme Court of Alabama · 1902
- Howard v. DeensSupreme Court of Alabama · 1904
3Cited by2 opinions
- Gwin v. Emerald Co.Supreme Court of Alabama · 1918
- Boswell v. ThompsonSupreme Court of Alabama · 1909