McGowan v. Lynch
Supreme Court of Alabama
Appeal from Elmore Circuit Court. Heard before Hon. A. H. Alston. Trover by W. T. Lynch against Mike McGowan for the conversion of a mare. From a judgment for plaintiff, defendant appeals. The verdict was not such as would justify the judgment that was rendered. — Tisclale v. A. & JS. Lbr. Go., 131 Ala. 456; Moody v. Keener} 1 Port. 218.
1DissentTyson, C. J.
(dissenting). — It is elementary that a. verdict must respond to the issue, or it will be bad, and no judgment can be rendered on it. The gist of the action of trover is a. wrongful conversion, -while that in detinue is unlawful detention. The verdict in this case is clearly one properly to be rendered in detinue. Can it *460by any rule of construction be held, to have responded to the issue of conversion vel non? I think not.' The rule which must guide us in such cases is clearly laid down in Traun v. Wittick, 27 Ala. 571, in this language: “It is laid doAvn as a general elementary rule that a…
2Cases cited6 opinions
- St. Clair v. Caldwell & RiddleSupreme Court of Alabama · 1882
- Clay v. StateSupreme Court of Alabama · 1869
- Toulmin v. LesesneSupreme Court of Alabama · 1841
- Cannon v. SmithNebraska Supreme Court · 1896
- Grice v. FergusonSupreme Court of Alabama · 1827
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