Tucker v. Franklin

BLOODWORTH, Justice.

This case was recently reassigned to the writer, after having been assigned to another Justice on original submission.

This is an appeal by plaintiff from a judgment of the trial court granting defendant’s motion for a new trial after plaintiff’s recovery of judgment against defendant on a count in conversion.

At the conclusion of the trial, the court charged out all counts in the complaint except Count “B”, a statutory count in trover, which sought damages for conversion of certain tools and equipment. That count went to the jury, and it returned a verdict for the plaintiff…