Hackney v. Perry
Supreme Court of Alabama
Trespass and Trover. Appel from Talladega City Court. Heard before Hon. G. K. Miller. Action by M. M. Perry against A. H. Hackney and others. From a judgment for plaintiff, defendants appeal. The defendants named in the summons and complaint are A. H. Hackney, Mary Hackney, and John L. Law, individually and as partners doing business under the firm name of Hackney Bros., and R. B. Burns.
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Trespass and Trover. Appel from Talladega City Court. Heard before Hon. G. K. Miller. Action by M. M. Perry against A. H. Hackney and others. From a judgment for plaintiff, defendants appeal. The defendants named in the summons and complaint are A. H. Hackney, Mary Hackney, and John L. Law, individually and as partners doing business under the firm name of Hackney Bros., and R. B. Burns. The first and second counts are in trespass for the wrongful taking of one bale of cotton, weighing 5C0 pounds. The third and fourth counts are for the conversion of the cotton. The fifth count, as last…
1Opinion of the CourtDowdell, J.
The fifth, sixth, seventh, eighth, ninth, and eleventh counts of the complaint are each in *633case, and consequently actions ex delicto. The gravamen of each, except the sixth, is the alleged negligence of the defendants in the nonperformance of a duty owing to the plaintiff arising out of a contract, whereby the cotton in question was lost to the plaintiff. In these counts as last amended the averments as to negligence were sufficient, and the counts were not in this respect subject to demurrer. — R. R. Co. v. Flippo, 138 Ala| 487, 35 South. 457; A. G. S. R. v Johnston, 128 Ala. 283, 29 South.…
2Cases cited8 opinions
- Geo. Pacific Railway Co. v. DavisSupreme Court of Alabama · 1890
- Alabama Great Southern Railroad v. JohnstonSupreme Court of Alabama · 1900
- Davis & Son v. HurtSupreme Court of Alabama · 1896
- Powell v. ThompsonSupreme Court of Alabama · 1885
- Seals v. EdmondsonSupreme Court of Alabama · 1882
3 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Beck v. Wilkins-Ricks Co.Supreme Court of North Carolina · 1920
- Kurn v. CountsSupreme Court of Alabama · 1945
- F. W. Woolworth Co. v. EricksonSupreme Court of Alabama · 1930
- Sloss-Sheffield Steel & Iron Co. v. WilkesSupreme Court of Alabama · 1936
- Ridgely Operating Co. v. WhiteSupreme Court of Alabama · 1933
18 more not listed; retrieve them via the Exa API.