Pinckard v. Cassels
Supreme Court of Alabama
Appeal from Gadsden City Court. Heard before Hon. John H. Disque. Action by W. D. Pinckard and Carl Lay against C. G. Cassels in trover and conversion for two bales of cotton. Judgment for defendant, and plaintiff Pinckard appeals. Transferred from Court of Appeals under section 6, Act April 18, 1911 (Acts 1911, p. 449). Plaintiff claims through a mortgage executed by W. H. Edwards on May 23, 1914, and recorded on the same day.
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Appeal from Gadsden City Court. Heard before Hon. John H. Disque. Action by W. D. Pinckard and Carl Lay against C. G. Cassels in trover and conversion for two bales of cotton. Judgment for defendant, and plaintiff Pinckard appeals. Transferred from Court of Appeals under section 6, Act April 18, 1911 (Acts 1911, p. 449). Plaintiff claims through a mortgage executed by W. H. Edwards on May 23, 1914, and recorded on the same day. Defendant claims through a mortgage executed to him by W. H. Edwards on May 2, 1913, and recorded June 10, 1913. The cotton was grown on what is known as the Thornton…
1Opinion of the CourtThomas, J.
The complaint contains counts in trespass and in trover. The defendant interposed the plea of the general issue. The cause was tried without a jury, and there was neither a special finding of facts nor request for such special finding of facts. The judgment was for the defendant.
*355(1) Our court has declared that when a case is tried without a jury, and there is no special finding of facts, nor request therefor, the conclusion of the trial judge has the effect of the verdict of a jury, and that, if it was supported by the evidence, it is not subject to review. — Code 1907, §§ 5359, 5360, 5361;…
2Cases cited26 opinions
- McIntyre Lumber & Export Co. v. Jackson Lumber Co.Supreme Court of Alabama · 1910
- Johnson v. Wilson & Co.Supreme Court of Alabama · 1902
- Alabama State Bank v. BarnesSupreme Court of Alabama · 1886
- Mayer & Co. v. Taylor & Co.Supreme Court of Alabama · 1881
- Windham & Co. v. Stephenson & AlexanderSupreme Court of Alabama · 1908
21 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- Murphree v. HansonSupreme Court of Alabama · 1916
- Halle v. BrooksSupreme Court of Alabama · 1923
- Benton Mercantile Co. v. Owensboro Wagon Co.Supreme Court of Alabama · 1921
- Albertville Trading Co. v. CritcherSupreme Court of Alabama · 1927
- Norris v. KellySupreme Court of Alabama · 1947
19 more not listed; retrieve them via the Exa API.