Howton v. Mathias
Supreme Court of Alabama
Appeal from Birmingham City Court. Heard before Hon. John C. Pugh. Trover and assumpsit by Henry Mathias against J. H. How-ton. Judgment for plaintiff and defendant appeals. Transferred from Court of Appeals.
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Appeal from Birmingham City Court. Heard before Hon. John C. Pugh. Trover and assumpsit by Henry Mathias against J. H. How-ton. Judgment for plaintiff and defendant appeals. Transferred from Court of Appeals. Count A is as follows: Plaintiff claims of defendant $2,000 as damages for the conversion by defendant during, to wit, the years 1911, 1912, and 1913 of the following chattels: One bay mule named Mollie, one wagon, three milch cows, five yearlings, 50 bushels of corn, 600 bundles of fodder, and the money obtained by defendant for the sale of, to wit, plaintiff’s three-quarter interest in…
1Opinion of the CourtThomas, J.
The trial was had on the common counts and a count in trover. There was a judgment for the plaintiff.
Plaintiff’s version of his relation with the defendant was that during the years 1911, 1912, and 1913 he lived on defendant’s *460“Cook Placethat he bought of defendant a mule and a wagon and harness for $212.50, and worked defendant’s land on shares; thatis, plaintiff furnished his own team and cultivated the land, and defendant was to receive one-third of the cotton and one-fourth of the corn raised by plaintiff on the place. Defendant testified that during the year 1911 plaintiff worked…
2Cases cited73 opinions
- Day v. WoodworthSupreme Court of the United States · 1852
- Georgia Cotton Co. v. LeeSupreme Court of Alabama · 1916
- Tobler v. Pioneer Mining & Mfg. Co.Supreme Court of Alabama · 1909
- Miller v. StateSupreme Court of Alabama · 1894
- Nashville, Chattanooga & St. Louis Railway v. CrosbySupreme Court of Alabama · 1915
68 more not listed; retrieve them via the Exa API.
3Cited by38 opinions
- Roan v. SmithSupreme Court of Alabama · 1961
- Jones v. Americar, Inc.Supreme Court of Alabama · 1969
- Roan v. McCalebSupreme Court of Alabama · 1955
- Foust v. KinneySupreme Court of Alabama · 1918
- Carolina Casualty Insurance Company v. TisdaleCourt of Civil Appeals of Alabama · 1970
33 more not listed; retrieve them via the Exa API.