Pollard v. Pollard

The suit, in counts for trespass and trover, resulted in judgment for defendant.

The general affirmative charge in writing was given at defendant’s request. As to when affirmative instruction with hypothesis may be given has been frequently discussed by this court. It is only where there is no evidence tending to establish plaintiff’s case as made under the counts of complaint in question that the court may direct a verdict for defendant as to such count. McMillan v. Aiken, 205 Ala. 35, 40, 88 South. 135.

Appellant’s counsel, stating his insistence, says:

“That Pridgen’s holding after appellant…