Gluck v. Cox
Supreme Court of Alabama
Appeal from tlie Circuit Court of Tuskaloosa. Tried before the Hon. Sam. IT. Sprott. This action was brought by Mrs. Marie L. Cox, the wife of George W. Cox, against Herman Gluck, to recover thirty barrels of sugar; and was commenced on the 10th April, 1882. The original complaint contained only a single count, which alleged that “plaintiff is a married woman, and is the owner ■of a separate estate, and that the property sued for is a part of the corpus of her statutory…
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Appeal from tlie Circuit Court of Tuskaloosa. Tried before the Hon. Sam. IT. Sprott. This action was brought by Mrs. Marie L. Cox, the wife of George W. Cox, against Herman Gluck, to recover thirty barrels of sugar; and was commenced on the 10th April, 1882. The original complaint contained only a single count, which alleged that “plaintiff is a married woman, and is the owner ■of a separate estate, and that the property sued for is a part of the corpus of her statutory separate estate.” After the reversal on the former appeal (75 Ala. 310), the complaint was amended, by leave of the court,…
1Opinion of the CourtClopton, J.
-The action, brought for the recovery of chattels in specie, was originally commenced in the name of Mrs. Oox as sole plaintiff. In consequence of the decision of this court on the former appeal, to the effect that, on the case as *335presented by the record then before us, Mrs. Cox acquired but an equitable right, and could not maintain detinue, the complaint was amended by joining her husband, G. W. Oox, as co-plaintiff, and by adding another count. The count added avers, that the sugar sued for was a part of the statutory separate estate of Mrs. Oox, created under the laws of Mississippi, and…
2Cases cited12 opinions
- Saltus & Saltus v. EverettNew York Supreme Court · 1838
- Pickens v. OliverSupreme Court of Alabama · 1857
- Armstrong's Ex'r v. Armstrong's HeirsSupreme Court of Alabama · 1857
- Loeb v. McCulloughSupreme Court of Alabama · 1885
- King v. MartinSupreme Court of Alabama · 1880
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