Dixie v. Harrison
Supreme Court of Alabama
Appeal from Marengo Circuit Court. Heard before Hon. W. W. Quarles, Special Judge. Action by Josh Dixie against W. C. Harrison. From a judgment for defendant, plaintiff appeals. The special pleas are as follows: “(3) That the plaintiff voluntarily surrendered the mule, for which damage is now sought, to the defendant. (4) The plaintiff voluntarily surrendered possession of the mule for which damage is now sought to the defendant, or the agent of the defendant.
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Appeal from Marengo Circuit Court. Heard before Hon. W. W. Quarles, Special Judge. Action by Josh Dixie against W. C. Harrison. From a judgment for defendant, plaintiff appeals. The special pleas are as follows: “(3) That the plaintiff voluntarily surrendered the mule, for which damage is now sought, to the defendant. (4) The plaintiff voluntarily surrendered possession of the mule for which damage is now sought to the defendant, or the agent of the defendant. (5) That defendant sold mule in controversy to one J. M. Moore, and took a, mortgage on the said mule for the purchase money, and that…
1Opinion of the Court
MAYFIELD, J;
The complaint in this canse, as last amended, consisted of six counts, designated as 1, 2, 3, 4, A, and B. Counts 3, 2, and 3 were in trespass, for the wrongful taking of one bay mare mnle. Count 4 was in trover, for the conversion of the same mule. Counts A and B were also in trespass, count A setting-up the facts constituting the trespass. To this complaint defendant filed six’ pleas; the first two being the general issue, and pleas 3 and 4 attempting to set up the defense that the plaintiff voluntarily surrendered the mule to the defendant. Plea 5 set up that the defendant sold…
2Cases cited5 opinions
- Brown v. BeasonSupreme Court of Alabama · 1854
- Rhodes v. LowrySupreme Court of Alabama · 1875
- Smith v. KaufmanSupreme Court of Alabama · 1891
- Baker v. HutchinsonSupreme Court of Alabama · 1906
- Williams v. McKissackSupreme Court of Alabama · 1897
3Cited by12 opinions
- Birmingham R. L. & P. Co. v. SaxonSupreme Court of Alabama · 1912
- Shriner v. MeyerSupreme Court of Alabama · 1911
- United States Fidelity & Guaranty Co. v. BassCourt of Appeals for the Fifth Circuit · 1980
- Kemp's Wrecker Service v. Grassland Sod Co., Inc.Court of Civil Appeals of Alabama · 1981
- Central of Georgia Ry. Co. v. Dothan Nat. BankSupreme Court of Alabama · 1921
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