Britt v. Pitts
Supreme Court of Alabama
Appeal from tbe Circuit Court of Barbour. Tried before the Hon. Jesse M. Carmichael. This action was brought by the appellee, T. F. Pitts, against the appellant, Kate Britt. The facts of the case are sufficiently stated in the opinion. Upon the introduction of all the evidence the court, at the request of the plaintiff, in writing, gave the general a “Amative charge in his behalf; and refused the affirmative charge requested by the defendant.
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Appeal from tbe Circuit Court of Barbour. Tried before the Hon. Jesse M. Carmichael. This action was brought by the appellee, T. F. Pitts, against the appellant, Kate Britt. The facts of the case are sufficiently stated in the opinion. Upon the introduction of all the evidence the court, at the request of the plaintiff, in writing, gave the general a “Amative charge in his behalf; and refused the affirmative charge requested by the defendant. To each of these rulings the defendant separately excepted. There were verdict and judgment for the plaintiff. The defendant appeals, and assigns as…
1Opinion of the CourtMoCLELLAN, J.
Parish sued White in detinue to recover certain six bales of cotton. Anglin interposed a claim to the cotton by filing affidavit and giving the statutory bond. Britt & Co. and T. F. Pitts were the sureties on this bond. Pending this claim suit the cotton was released from the seizure and came into the hands of Britt & Co., or rather of Kate Britt, who carried on business and signed by another said bond in and by that name, and she sold the property and converted the proceeds to her own use more than a year before the present action was instituted. Within a year before this suit was brought,…
2Cases cited4 opinions
- Mobile Life Insurance v. RandallSupreme Court of Alabama · 1883
- White v. LevySupreme Court of Alabama · 1890
- Kent v. LongSupreme Court of Alabama · 1845
- Aderholt & Co. v. SmithSupreme Court of Alabama · 1887
3Cited by5 opinions
- Cowan v. Western Union Telegraph Co.Supreme Court of Iowa · 1904
- Poole v. GriffithSupreme Court of Alabama · 1927
- Knights of Modern Macabees v. GillespieAlabama Court of Appeals · 1915
- McCord v. BridgesSupreme Court of Alabama · 1924
- Williams v. RaganSupreme Court of Alabama · 1907