Legal Opinion

Jordan v. Appleton

Supreme Court of Alabama

Decided April 26, 1923No. 7 Div. 381PublishedCited by 5 opinions

1Opinion of the CourtSomerville, J.

Under the provisions of the act approved February 28, 1911 (Gen. Acts 1911, p. 33), when the defendant in a detinue suit disclaims possession of the property sued for, the plaintiff is entitled to have judgment against the defendant for the property, and if the evidence reasonably satisfies the court ok jury that the defendant had possession of the property at the commencement of the suit, the plaintiff may recover the costs of suit and damages for the detention.

The only answer made by the defendant in the instant case is by way of disclaimer. Hence, as matter of law, the plaintiff was…

2Cases cited1 opinion

  1. Rand v. GibsonSupreme Court of Alabama · 1895

3Cited by5 opinions

  1. Webb v. WebbSupreme Court of Alabama · 1955
  2. Pocahontas Graphite Co. v. Minerals Separation North American Corp.Supreme Court of Alabama · 1926
  3. Miller v. BryantAlabama Court of Appeals · 1933
  4. Peterson v. Drennen Motor Car Co.Supreme Court of Alabama · 1951
  5. Clifton v. GayAlabama Court of Appeals · 1926

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