Robinson v. Richards
Supreme Court of Alabama
Appeal from Circuit Court of Lowndes. Tried before Hon. Jas. Q, Smith. This was an action of detinue, commenced by the appellant, M. O. Robinson, against the appellee, Aaron Richards, to recover the mules. Appellant having made the statutory affidavit and bond, the sheriff took into his possession two mules sued for; and appellee failing to give bond within the time prescribed by law, the mules were delivered to the appellant.
Read the full summary
Appeal from Circuit Court of Lowndes. Tried before Hon. Jas. Q, Smith. This was an action of detinue, commenced by the appellant, M. O. Robinson, against the appellee, Aaron Richards, to recover the mules. Appellant having made the statutory affidavit and bond, the sheriff took into his possession two mules sued for; and appellee failing to give bond within the time prescribed by law, the mules were delivered to the appellant. On the trial of the cause, the jury rendered a verdict in favor of the appellee, assessing the value of each mule separately, together with damages for their detention.…
1Opinion of the CourtB. F. Saffold, J.
—In detinue, the judgment is for the specific thing detained, or its value, together with the damages occasioned by the detention, with costs. — 1 Chit. Gen. Pract. 812. There is no option of delivering up the goods or paying the value, but on the contrary, the judgment and execution are absolutely for the restoration of the chattel, if the same can be found, together with damages and costs; and only in the alternative as to the value, in case the chattel should be destroyed or eloigned.— 1 Chit. Gen. Pract. 814.
The Bevised Code does not chaDge the common law in this respect, but is in…
2Cases cited2 opinions
- Brown v. BrownSupreme Court of Alabama · 1843
- Wittick's Adm'r v. KeifferSupreme Court of Alabama · 1857
3Cited by3 opinions
- Greene v. LewisSupreme Court of Alabama · 1887
- Barstow v. WolffNebraska Supreme Court · 1947
- Wingard v. LittleCourt of Civil Appeals of Alabama · 2003