Sharpe & Son v. Barney
Supreme Court of Alabama
Appeal from the Circuit Court of Marengo. Tried before the Hon. John C. Anderson. The facts in the case are sufficiently stated in the opinion. 1. The charge asked by the defendant should have been given, even though the plea presented an immaterial issue. — Allison v. Little, 93 Ala. 150. 2. The jurisdiction of the circuit court in actions for recovery of specific property is limited to property of the value of fifty dollars or more.
Read the full summary
Appeal from the Circuit Court of Marengo. Tried before the Hon. John C. Anderson. The facts in the case are sufficiently stated in the opinion. 1. The charge asked by the defendant should have been given, even though the plea presented an immaterial issue. — Allison v. Little, 93 Ala. 150. 2. The jurisdiction of the circuit court in actions for recovery of specific property is limited to property of the value of fifty dollars or more. The value of the property is the true criterion. The doctrine of remittitur and waiver does not and can not apply. This latter only applies to moneyed demands.…
1Opinion of the Court
McCLELLAN, J. —
This action was begun in the circuit court, and is prosecuted by Barney against Sharpe & Son, claiming one hundred dollars for the conversion of amule. Defendants pleaded (1) the general issue, and (2) that the mule sued for was of the value of less than fifty dollars at the time the suit was brought, and is still of the value of less than fifty dollars. The second plea was verified. Plaintiff, without challenging its sufficiency by demurrer, took issue upon it. Defendant’s evidence tended to support its averments, and they asked the court to charge the jury that “if they…
2Cases cited6 opinions
- Comer & Co. v. Way & EdmundsonSupreme Court of Alabama · 1894
- Allison v. LittleSupreme Court of Alabama · 1890
- McKinnon v. LessleySupreme Court of Alabama · 1889
- Curry v. WilsonSupreme Court of Alabama · 1872
- Haws v. MorganSupreme Court of Alabama · 1877
1 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Atlanta & Birmingham A. L. Ry. v. BrownSupreme Court of Alabama · 1908
- Mattingly v. HoustonSupreme Court of Alabama · 1909
- Charles Donald Belcher v. Birmingham Trust National Bank, W. E. Belcher Lumber Company, Inc., American Appraisal Company, Appraiser-AppelleeCourt of Appeals for the Fifth Circuit · 1974
- Louisville & Nashville R. R. v. FletcherSupreme Court of Alabama · 1915
- Louisville N. R. Co. v. WatsonSupreme Court of Alabama · 1922
6 more not listed; retrieve them via the Exa API.