Hooper v. Dorsey
Alabama Court of Appeals
Appeal from Marshall Circuit Court. Heard before Hon. W. W. Haralson. Action by Bertha B. Dorsey against A. It. Hooper. Judgment for plaintiff, and defendant appeals.' It seems from the record that A. R. Hooper had judgment against J. L. Dorsey, and on execution issued thereon levied upon 21 dogs alleged to be the property of said J. L. Dorsey.
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Appeal from Marshall Circuit Court. Heard before Hon. W. W. Haralson. Action by Bertha B. Dorsey against A. It. Hooper. Judgment for plaintiff, and defendant appeals.' It seems from the record that A. R. Hooper had judgment against J. L. Dorsey, and on execution issued thereon levied upon 21 dogs alleged to be the property of said J. L. Dorsey. The dogs were sold, and Bertha, B. Dorsey brings this action to recover for the same, claiming that the dogs were her property, and not that of J. L. Dorsey. The complaint did not sufficiently describe the property. The witness Curry was not shown to…
1Opinion of the Court
WALKER, P. J. —
The complaint contained counts in trespass and in trover. The subject of the alleged wrongs was described as “twenty-one dogs” the property of the plaintiff. The first count further referred to the property as in the possession of the plaintiff. The nature of the action did not call for a more specific or detailed description. In such an action no such fullness of description is necessary as is required in an action seeking a recovery of specific chattels. In the latter kind of action the thing sought to be recovered must be so described that an intelligible and enforceable…
2Cases cited4 opinions
- Moody v. KeenerSupreme Court of Alabama · 1838
- Ala. Great Southern Railway Co. v. MoodySupreme Court of Alabama · 1890
- Ladd v. LaddSupreme Court of Alabama · 1898
- Joseph v. HendersonSupreme Court of Alabama · 1891
3Cited by7 opinions
- Lester v. JacobsSupreme Court of Alabama · 1925
- Howton v. MathiasSupreme Court of Alabama · 1916
- Bailey v. StateAlabama Court of Appeals · 1914
- Hodges v. KyleAlabama Court of Appeals · 1913
- Chaney v. StateAlabama Court of Appeals · 1913
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