Kirkland v. Eford
Supreme Court of Alabama
Appeal from Circuit Court, Houston County; H. A. Pearce, Judge. Action in detinue by W. B. Kirkland against Tom Eford for the recovery of a cow. Judgment for defendant, and plaintiff appeals.
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Appeal from Circuit Court, Houston County; H. A. Pearce, Judge. Action in detinue by W. B. Kirkland against Tom Eford for the recovery of a cow. Judgment for defendant, and plaintiff appeals. Transferred from’ Court of Appeals under Acts 1911, p. 450, § 6. The following are the assignments of error referred to in the opinion: ‘ (1) The court erred in sustaining plaintiff’s objection to the following questions propounded to the witness Eford: “I will ask you if you didn’t go into court and undertake to hold that cow in justice court down there?” (2) In overruling plaintiff’s objection to the…
1Opinion of the CourtSayre, J.
Plaintiff (appellant) sued defendant in statutory detinue for one cow. The parties lived in a stock-law district, and defendant had taken up plaintiff’s cow, proceeding, as he contended, according to the statute (Code, § 5890); but plaintiff, without awaiting procedure under the statute, forthwith brought this action. Questions of fact litigated were whether ifialntiff had — to quote the statute — “knowingly, voluntarily, negligently, or willfully” permitted his cow to go at large upon the premises of defendant, and whether defendant had, within 24 hours after taking up the cow, personally…
2Cases cited1 opinion
- Pinckard & Lay v. BramlettSupreme Court of Alabama · 1910
3Cited by8 opinions
- Dobson v. NeighborsSupreme Court of Alabama · 1934
- Jenkins v. AverySupreme Court of Alabama · 1952
- International Harvester Co. of America v. PittmanSupreme Court of Alabama · 1933
- Whatley v. TaylorSupreme Court of Alabama · 1924
- Deholl v. PimSupreme Court of Alabama · 1929
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