Jones v. Atkinson
Supreme Court of Alabama
Appeal from the Circuit Court of Wilcox. Tried before the Hon. John 3L Henby. This action was brought by B. W. Atkinson, against D. P. Jones, to recover “ one mouse-colored mule, named John, of the value of $60, with the value of the hire or use thereof during the detention, from the 1st January, 1879;” and was commenced on the 19th May, 1879. The defendant pleaded non detinet, in short by consent; and the trial was had on issue joined on that plea.
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Appeal from the Circuit Court of Wilcox. Tried before the Hon. John 3L Henby. This action was brought by B. W. Atkinson, against D. P. Jones, to recover “ one mouse-colored mule, named John, of the value of $60, with the value of the hire or use thereof during the detention, from the 1st January, 1879;” and was commenced on the 19th May, 1879. The defendant pleaded non detinet, in short by consent; and the trial was had on issue joined on that plea. On the trial, as the bill of exceptions shows, it was proved that, in January, 1878, the plaintiff hired or rented a mule which he owned, named…
1Opinion of the CourtStone, J.
When we first considered the charge refused in this case, we doubted somewhat whether the hypothesis, or premises, justified the conclusion it invoked. Knowledge of the unauthorized act done is a necessary element in every binding ratification, and knowledge is not expressed in the charge, as one of the conditions on which a verdict for the defendant was claimed. We now think that, under the facts and circumstances shown in the evidence, that constituent was necessarily implied. The acts of ratification supposed in the charge are, that Atkinson, while said mare was in the possession of…
2Cases cited7 opinions
- Clark's Executors v. Van RiemsdykSupreme Court of the United States · 1815
- Meehan v. . ForresterNew York Court of Appeals · 1873
- Firemen's Insurance v. McMillanSupreme Court of Alabama · 1856
- Brock v. JonesTexas Supreme Court · 1856
- Lee's Adm'rs v. FontaineSupreme Court of Alabama · 1846
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3Cited by5 opinions
- Birmingham News Co. v. Birmingham Printing Co.Supreme Court of Alabama · 1923
- W. T. Rawleigh Co. v. PhillipsSupreme Court of Alabama · 1936
- Baker v. ClarkAlabama Court of Appeals · 1915
- Harris v. Geneva Mill Co.Supreme Court of Alabama · 1923
- Atkinson v. JonesSupreme Court of Alabama · 1882