Atchley v. Wood

CARR, Judge.

Owen Atchley sued Ike Wood in one count of a complaint for the conversion of three bales of cotton. The time of the conversion is alleged: “on or about November 1, 1948.”

*630The court gave the general affirmative charge for the defendant.

The evidence fails, to establish the time it is claimed the cotton was converted by the defendant.

Many authorities hold that in an action of trover and conversion it is necessary and essential to allege and prove this material element of the cause of action.

If the time of the conversion is stated under a videlicet, the proof must correspond to the…