Harvey v. Geo. Wilder & Co.

LEVY, Associate Justice.

While the judgment can not be reversed upon the assignments presented, as affording no proper ground therefor, yet we are of the opinion that the record manifestly presents such fundamental error, going to the foundation of the action against appellant, as to require us on our own motion to notice and reverse the judgment as to him, as in the proper and correct administration of the law. The suit against appellant was for conversion of three bales of cotton on which appellees, Wilder & Company, claimed to have a chattel mortgage. The facts show without dispute that…