Holman v. Clark
Supreme Court of Alabama
Detinue. Appeal from Dale Circuit Court. Heard before Hon. A. A. Evans. Action by A. S. Clafk against J. I). Holman. From a judgment in favor of plaintiff, defendant appeals. Action of detinué by appellee against appellant for tlie recovery of a mule. The facts are sufficiently stated in the opinion. The plaintiff and defendant each requested the affirmative charge.
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Detinue. Appeal from Dale Circuit Court. Heard before Hon. A. A. Evans. Action by A. S. Clafk against J. I). Holman. From a judgment in favor of plaintiff, defendant appeals. Action of detinué by appellee against appellant for tlie recovery of a mule. The facts are sufficiently stated in the opinion. The plaintiff and defendant each requested the affirmative charge. The court gave the charge for the plaintiff, and refused it to the defendant. — The question of the identity of the mule sued for was one for the jury and the court erred in giving the affirmative charge.— Thompldns v. Henderson,,…
1Opinion of the CourtDenson, J.
— This is an action of detinue, commenced on the 30th day of November, 1904, by A. S. Clark against J. D. Holman to recover a mule. The plaintiff obtained judgment in the circuit court, from which the defendant prosecuted this appeal.
In the complaint the mule is described with .particularity, the description being as follows: “One dark bay mai e mule about 7 years old, named ‘Bert,” known as the McKnight mule,’ sold to J. J. McKnight about two or three years ago by A. S. Clark.” The plaintiff’s right to recover is based on a mortgage executed by J. J. McKnight to him on the 13 th day of…
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