Lanford & Co. Live Stock Corp. v. Mathis
Alabama Court of Appeals
Appeal from Anniston City Court. Heard before Hon. Thomas W. Coleman, Je. Detinue by tlie Lanford & Co. Live Stock Corporation against C. W. Mathis, and others, to recover a mare. Judgment for defendants on the special finding of the facts, and plaintiff appeals.
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Appeal from Anniston City Court. Heard before Hon. Thomas W. Coleman, Je. Detinue by tlie Lanford & Co. Live Stock Corporation against C. W. Mathis, and others, to recover a mare. Judgment for defendants on the special finding of the facts, and plaintiff appeals. The finding of the court under request for special finding of fact was not in compliance with the requirements of section 5360, Code 1907, and does not constitute a finding of the issues as required by that section. — Brock v. L. & N., 114 Ala. 431, and authorities cited. It was appellant’s right to demand a special finding, and it…
1Opinion of the Court
PELHAM, J. —
Appellant’s nine assignments of error all attack the special finding made by the trial court as not being a compliance with the requirements of section 5360 of the Code, providing that, when a request in writing is made for a special finding of facts, the court must state in writing the facts as it finds them, as-a basis for the judgment rendered.
As plaintiff in the court below, the appellant sued the defendants in detinue to recover a mare. It was shown on the trial that the animal was in the. possession of a firm of liverymen known as Eden & Chatman, Avhen this firm purchased of…
2Cases cited3 opinions
- Bibb v. Hall & FarleySupreme Court of Alabama · 1893
- Betancourt v. EberlinSupreme Court of Alabama · 1882
- Brock v. Louisville & Nashville RailroadSupreme Court of Alabama · 1896
3Cited by1 opinion
- Johnson v. McFryAlabama Court of Appeals · 1915