Louisville N. R. Co. v. James
Supreme Court of Alabama
Appeal from Circuit Court, Jefferson County; J. C. B. Gwin, Judge. Action by Milton James against the Louisville & Nashville Railroad Company in trover and detinue. Judgment for plaintiff, and defendant appeals. After remand on the former appeal, plaintiff struck out the Alabama Great Southern Railroad Company as a defendant and all the counts except the third, which is as follows: ■ , “Third.
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Appeal from Circuit Court, Jefferson County; J. C. B. Gwin, Judge. Action by Milton James against the Louisville & Nashville Railroad Company in trover and detinue. Judgment for plaintiff, and defendant appeals. After remand on the former appeal, plaintiff struck out the Alabama Great Southern Railroad Company as a defendant and all the counts except the third, which is as follows: ■ , “Third. Plaintiff claims of the defendant the following personal property: [Here follows a description of a lot of household furniture), to the value and hire thereof during the detention, that is, from August…
1Opinion of the CourtBrown, J.
After remandment of this case on the former appeal, the plaintiff amended his complaint by striking therefrom the Alabama Great Southern Railroad Company as a party defendant, and withdrawing all counts except the third and fourth — detinue and trover respectively. The trial resulted in a verdict and judgment for the plaintiff against the appellant on the detinue count.
[1] If it should be conceded that the third count claimed elements of damages not recoverable in an action of detinue, this would not render the count demurrable. West. Union Tel. Co. v. Garthright, 151 Ala. 413, 44 South. 212;…
2Cases cited9 opinions
- Wellden v. WittSupreme Court of Alabama · 1905
- Wortham v. GurleySupreme Court of Alabama · 1883
- Western Union Telegraph Co. v. GarthrightSupreme Court of Alabama · 1907
- Ex parte AllenSupreme Court of Alabama · 1910
- Merchants National Bank v. BalesSupreme Court of Alabama · 1906
4 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- MacPherson v. GreenSupreme Court of Virginia · 1955
- Ford Motor Credit Co. v. Howell Bros. Truck & Auto Repair Inc.Court of Civil Appeals of Alabama · 1975
- Kinney v. GlennSupreme Court of Alabama · 1940
- Baldwin v. Troy Finance CorporationSupreme Court of Alabama · 1944
- Wyatt v. Drennen Motor Co.Supreme Court of Alabama · 1930
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