Milner & Kettig Co. v. DeLoach Mill Manufacturing Co.
Supreme Court of Alabama
Appeal from the City Court of Birmingham. Tried before the Hon. W. W. Wilkerson. This action was brought by the appellee, the DeLoach Mill Manufacturing Company, a corporation, against the appellant, the Milner & Kettig Company, a corporation.
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Appeal from the City Court of Birmingham. Tried before the Hon. W. W. Wilkerson. This action was brought by the appellee, the DeLoach Mill Manufacturing Company, a corporation, against the appellant, the Milner & Kettig Company, a corporation. The complaint as originally filed contained several counts, some of which were in trespass, seeking to recover damages for the wrongful taking by the defendant of an engine and boiler and fixtures, and the others in trover seeking to recover damages for the alleged conversion by said defendant of said engine, boiler and fixtures. There were several…
1Opinion of the Court
HARALSON, J. —
The case was tried on issue joined on the pleas 10 and 11, Avhich were pleas of not guilty, and on replications 4 and 5 to plea 13. A demurrer was interposed to the 12th plea, as appears by the judgment entry and was sustained, but the demurrer does not appear in the record.
The demurrer to replications 4 and 5 to plea 13, were properly overruled. If the property levied on by the defendant, under attachment, as is averred in the repli*650cations, was, at the time of the levy, wholly the property of plaintiff, and Gross, against whom the defendant, had recovered a judgment, in its…
2Cases cited9 opinions
- Bolling v. Kirby & BrotherSupreme Court of Alabama · 1890
- Lindsay v. CooperSupreme Court of Alabama · 1891
- Easly v. DyeSupreme Court of Alabama · 1848
- Boutwell v. Parker & Co.Supreme Court of Alabama · 1899
- Clemmons v. CoxSupreme Court of Alabama · 1896
4 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Bennett & Co. v. BrooksSupreme Court of Alabama · 1906
- Boozer v. JonesSupreme Court of Alabama · 1910
- Wholesale Coal Co. v. Price Hill Colliery Co.West Virginia Supreme Court · 1925
- Peoples Savings Bank & Trust Co. v. Huttig Manufacturing Co.Alabama Court of Appeals · 1911
- Jones v. Preuit & MauldinDistrict Court, N.D. Alabama · 1986