Locke v. Reeves
Supreme Court of Alabama
Appeal from the Circuit Court of Barbour. Tried before the Hon. J. M. Carmichael. This action was brought by the appellant against the appellees. The facts of the case are sufficiently stated in the opinion. Upon the sustaining of the demurrers to the plaintiff’s replications to defendant’s several pleas, the plaintiff declined to plead further, and judgment was rendered for the defendant.
Read the full summary
Appeal from the Circuit Court of Barbour. Tried before the Hon. J. M. Carmichael. This action was brought by the appellant against the appellees. The facts of the case are sufficiently stated in the opinion. Upon the sustaining of the demurrers to the plaintiff’s replications to defendant’s several pleas, the plaintiff declined to plead further, and judgment was rendered for the defendant. The plaintiff appeals, and assigns as error the judgment of the court in sustaining the demurrer to each of the several replications. To maintain trover there must be some tortious act on the part of…
1Opinion of the CourtHead, J.
The plaintiff, Locke, a grocery merchant in Eufaula,- sold to Lizzie G. Reeves, a married woman, and delivered to her husband and co-defendant, J. H. Reeves, as her agent, sundry articles of merchandise in his line. The goods, which are itemized in the complaint, consisted, in the main, of family supplies such as groceries for food and other daily domestic use and consumption. There were in the list several items of bagging and ties and tobacco. They were all sold with knowledge that they were purchased for consumption, and for that purpose alone. There was no written assent on the part of…
2Cases cited5 opinions
- Marks v. CowlesSupreme Court of Alabama · 1875
- American Freehold Land Mortgage Co. v. DykesSupreme Court of Alabama · 1895
- Dodson v. HarrisSupreme Court of Alabama · 1846
- Strauss & Sons v. SchwalbSupreme Court of Alabama · 1894
- McAnally v. HeflinSupreme Court of Alabama · 1894
3Cited by3 opinions
- W. E. Herron Motor Co. v. MaynorSupreme Court of Alabama · 1936
- Wright v. School Dist. No. 97, Canadian CountySupreme Court of Oklahoma · 1912
- Jebeles & Colias Confectionery Co. v. Hutchinson & SonSupreme Court of Alabama · 1910