Kirkland v. Pilcher
Supreme Court of Alabama
Appeal from Houston Circuit Court. Heard before Hon. H. A. Pearce. Action between W. J. Kirkland and G. W. Pilcher. From a judgment- for the latter, the former appealed to the Appellate Court, and it certifies a question to the Supreme Court.
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Appeal from Houston Circuit Court. Heard before Hon. H. A. Pearce. Action between W. J. Kirkland and G. W. Pilcher. From a judgment- for the latter, the former appealed to the Appellate Court, and it certifies a question to the Supreme Court. Certificate to the Supreme Court of Alabama: • “In the above entitled-case, the judges of the court being unable to reach a unanimous conclusion or decision, the undersigned judges of said court, pursuant to the provision of the statute in such cases made and provided, hereby certify to the Supreme Court of Alabama the following question of law, as to…
1Opinion of the CourtAnderson, J.
Section 3781 of the Code of 1907 prescribes the kind of verdict and judgment in detinue.
Where the plaintiff .recovers, the verdict and judgment should be in the alternative for the specific chattels sued for, or, if they are not to be had, for the value thereof as assessed by the jury. — McCullough v. Floyd, 103 Ala. 448, 15 South. 848; Brown v. Brown, 5 Ala. 508. A mere moneyed verdict and judgment is not responsive to the complaint and is foreign to the cause of action therein stated. This court has frequently reversed cases in detinue, where the verdict and judgment did not substantially…
2Cases cited12 opinions
- Patterson v. United StatesSupreme Court of the United States · 1817
- Government Street R. R. v. HanlonSupreme Court of Alabama · 1875
- Moody v. KeenerSupreme Court of Alabama · 1838
- Brown v. BrownSupreme Court of Alabama · 1843
- Handley, Reeves & Co. v. Lawley & Co.Supreme Court of Alabama · 1890
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3Cited by23 opinions
- Hopkins v. DuggarSupreme Court of Alabama · 1920
- Alabama Power Co. v. CurrySupreme Court of Alabama · 1934
- Gwin v. Emerald Co.Supreme Court of Alabama · 1918
- City of Birmingham v. AndrewsSupreme Court of Alabama · 1931
- Hall v. First BankSupreme Court of Alabama · 1916
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