Carlisle v. Peoples Bank
Supreme Court of Alabama
Appeal from the Circuit Court of Pike. Tried before tlie Hon. W. W. Kirkland, Special Judge. The appeal in this case is taken by the defendant in an action of detinue, from a judgment rendered in said suit in favor of the plaintiff. The material facts of the case are sufficiently stated in the opinion.
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Appeal from the Circuit Court of Pike. Tried before tlie Hon. W. W. Kirkland, Special Judge. The appeal in this case is taken by the defendant in an action of detinue, from a judgment rendered in said suit in favor of the plaintiff. The material facts of the case are sufficiently stated in the opinion. After the introduction in evidence of the mortgage under which the plaintiff claimed title to the property sued for, the plaintiff offered to introduce in evidence a bond for title, which was given by W. B. Folmar to the defendant, H. O. Carlisle, conditioned to make title to said Carlisle to…
1Opinion of the CourtDowdell, J.
— This was an action in detinue brought by appellee against the appellant for the recovery of certain personal property described in the complaint. While the bill of exceptions recites that issue was joined on pleas 1, 2, and 7, no evidence was offered on the trial except upon plea No. 1. This plea is the general issue under the statute, (Code, 189G, section 3295), and is the same in effect and equivalent to the plea of non dcti-nct at common 1 aw. — Berlin Machine Works v. Ala. City Furniture Co., 112 Ala. 488. This plea puts *448in issue the right'of the plaintiff to recover. — Foster v.…
2Cases cited2 opinions
- Foster v. Chamberlain & Co.Supreme Court of Alabama · 1867
- Berlin Machine Works v. Alabama City Furniture Co.Supreme Court of Alabama · 1895
3Cited by23 opinions
- Roberts v. MosierSupreme Court of Oklahoma · 1913
- Wellden v. WittSupreme Court of Alabama · 1905
- Commercial Inv. Trust, Inc. v. EastSupreme Court of Alabama · 1927
- Hodgkiss v. Northland Petroleum ConsolidatedMontana Supreme Court · 1937
- Snellgrove v. EvansSupreme Court of Alabama · 1906
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