Street v. McClerkin
Supreme Court of Alabama
Statutory Detvnue for Horse. Appeal from the Circuit Court of Talladega. Tried before the Hon. Leroy F. Box. This action was brought by Merit Street, against James Mc-Olerkin, to recover a horse, with damages for its detention; and was commenced on the 11th November, 1882. The plaintiff having executed the necessary bonds, and the defendant failing to give bond, the horse was delivered to the possession of the plaintiff.
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Statutory Detvnue for Horse. Appeal from the Circuit Court of Talladega. Tried before the Hon. Leroy F. Box. This action was brought by Merit Street, against James Mc-Olerkin, to recover a horse, with damages for its detention; and was commenced on the 11th November, 1882. The plaintiff having executed the necessary bonds, and the defendant failing to give bond, the horse was delivered to the possession of the plaintiff. The defendant pleaded non detinet, and a special plea, which alleged that the horse “is not the property of the plaintiff, but is the property of this defendant, and was his…
1Opinion of the Court
STONE, C. J.'
We are asked to affirm the judgment in this case, without any reference to the rulings of the court, on the following principle : The bill of exceptions states it contains all the evidence, and it is contended there is no proof that the horse sued for was in McClerkin’s possession when the suit was brought. That being a necessary condition to plaintiff’s right to recover, the contention is that he fails to show any right of recovery, and it is immaterial what errors of ruling the court may have fallen into ; they would, at most, be errors without injury, which are not grounds of…
2Cases cited4 opinions
- Runk v. St. JohnNew York Supreme Court · 1859
- Zelnicker v. Brigham & Co.Supreme Court of Alabama · 1883
- Alexander v. CaldwellSupreme Court of Alabama · 1878
- Dinkgrave v. SloanSupreme Court of Louisiana · 1858
3Cited by7 opinions
- Marks v. Robinson & LedyardSupreme Court of Alabama · 1886
- Willis v. De WittSouth Dakota Supreme Court · 1892
- Brown & Hagin Co. v. McCulloughSupreme Court of Alabama · 1915
- Jones v. BaxterSupreme Court of Alabama · 1906
- Montgomery v. MontgomerySupreme Court of Alabama · 1938
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