Berlin Machine Works v. Alabama City Furniture Co.
Supreme Court of Alabama
Appeal from the City Court of Gadsden. Tried before the Hon. John H. Disque. This was a statutory action of detinue, brought by the appellant against the appellee. The cause was tried by the court without the intervention of a jury; and upon the hearing of all the evidence the court rendered judgment in favor of the defendant, and from this judgment the present appeal is prosecuted. Under the opinion on this appeal, it is unnecessary to set out the facts in detail.
Read the full summary
Appeal from the City Court of Gadsden. Tried before the Hon. John H. Disque. This was a statutory action of detinue, brought by the appellant against the appellee. The cause was tried by the court without the intervention of a jury; and upon the hearing of all the evidence the court rendered judgment in favor of the defendant, and from this judgment the present appeal is prosecuted. Under the opinion on this appeal, it is unnecessary to set out the facts in detail. The defendant’s plea of ‘ ‘not guilty’ ’ was insufficient as a plea .of the general ssue — tlie suit being an action of detinue.…
1Opinion of the CourtOoleman, J.
The appellant instituted the action of detinue, to recover certain personal property described in the complaint. The cause was tried by the court without a jury upon a plea of “not guilty.” Where a cause is tried by the court without a jury, the rule is, that though the court may have erred in its rulings upon the admission and exclusion of evidence, if the same conclusion should have been reached, and there been no error in its rulings upon these questions, this court will not reverse.
An indispensable fact to be proven by the plaintiff in the action of detinue to authorize a recovery is,…
2Cases cited2 opinions
- Lucas v. PittmanSupreme Court of Alabama · 1891
- Behr v. GersonSupreme Court of Alabama · 1891
3Cited by11 opinions
- Scott Paper Co. v. Novay Cherry Barge Service, Inc.Court of Civil Appeals of Alabama · 1972
- Carlisle v. Peoples BankSupreme Court of Alabama · 1898
- Snellgrove v. EvansSupreme Court of Alabama · 1906
- Norris v. KellySupreme Court of Alabama · 1947
- Knight v. GardenSupreme Court of Alabama · 1916
6 more not listed; retrieve them via the Exa API.