Bartlett v. Chaviers
Alabama Court of Appeals
Appeal from Gadsden City Court. Heard before Hon. John. H. Disque. Action by Noah Chaviers against O. H. Bartlett. Judgment for plaintiff, and defendant appeals. The complaint is as follows: (1) Plaintiff claims of defendant $1,000 damages for the wrongful taking of the following goods and chattels, the property of plaintiff, to-wit, one mule.
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Appeal from Gadsden City Court. Heard before Hon. John. H. Disque. Action by Noah Chaviers against O. H. Bartlett. Judgment for plaintiff, and defendant appeals. The complaint is as follows: (1) Plaintiff claims of defendant $1,000 damages for the wrongful taking of the following goods and chattels, the property of plaintiff, to-wit, one mule. (2) Plaintiff claims of defendant $1,000 damages for that heretofore, to-wit, on the 31st day of March, 1913, and while plaintiff was en route to his work in Etowah county, and in possession of two mules, hitched to a two-horse plow, he was approached…
1Opinion of the CourtPelham, P. J.
Suit was brought in the court below by the appellee against the appellant, seeking damages for an alleged trespass by him in the wrongful taking of a mule from the possession of the appellee. There was verdict and judgment for the plaintiff, from which this appeal is prosecuted.(1) All three counts of the complaint aver a wrongful taking of the mule by the defendant from the possession of the plaintiff, and-the first and third counts allege the ownership of the mule to be in the plaintiff. The second count claims damages for the wrongful taking of the animal by the defendant from the…
2Cases cited9 opinions
- Lienkauf & Strauss v. MorrisSupreme Court of Alabama · 1880
- Parker v. MiseSupreme Court of Alabama · 1855
- Roberts v. HeimSupreme Court of Alabama · 1855
- Folmar & Sons v. Copeland & BrantleySupreme Court of Alabama · 1877
- Devaughn v. HeathSupreme Court of Alabama · 1861
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3Cited by2 opinions
- Investment Securities Corp. v. ColeCourt of Appeals of Georgia · 1937
- Duncan v. EllisCourt of Appeals of Georgia · 1940