Forbes v. Plummer
Supreme Court of Alabama
Appeal from Tuscaloosa County Court. Heard before Hon. H. B. Foster. Trover by Theodore Plummer against Forbes & Carloss, Carloss as surviving partner, and individually, and one Hardi-son. Judgment for plaintiff and defendants appeal.
1Opinion of the CourtMayfield, J.
Appellee sued appellants and one Hardison, in trover, for the conversion of one sawmill and attachments, and recovered a judgment for about $1,500, as damages, from-, which judgment defendants appeal.
The general issue and several special pleas were interposed, among which were, res judicata, the statute of limitations of six: years and a plea in the nature of recoupment or mitigation of" damages. This last plea set up an unsatisfied and paramount lien on the property in favor of Carloss, or of Forbes & Carloss, of which firm Carloss was the surviving member. Carloss was: sued in the capacity…
2Cases cited9 opinions
- Marston v. . SwettNew York Court of Appeals · 1876
- Montgomery Gas-Light Co. v. Montgomery & Eufaula Railway Co.Supreme Court of Alabama · 1888
- Heflin v. SlaySupreme Court of Alabama · 1884
- Jonas v. FieldSupreme Court of Alabama · 1887
- Hardison v. PlummerSupreme Court of Alabama · 1907
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3Cited by14 opinions
- Sullivan v. MillerSupreme Court of Alabama · 1932
- McCaa v. ThomasSupreme Court of Alabama · 1922
- Hotel Tutwiler Operating Co. v. EvansSupreme Court of Alabama · 1922
- Howard v. PritchettSupreme Court of Alabama · 1922
- United States Fidelity & Guaranty Co. v. BassCourt of Appeals for the Fifth Circuit · 1980
9 more not listed; retrieve them via the Exa API.