Jernigan v. Willoughby
Supreme Court of Alabama
Appeal from Houston Circuit Court. Heard before Hon. H. A. Pearce. Detinue by Sidney Willoughby against J. B. Jernigan. From a judgment for plaintiff, defendant appeals. Willoughby sued Jernigan in detinue for a boiler, engine, and all attachments, known as the “Pennington mill property,” with the value of the hire or use thereof. Jernigan gave a replevy bond for the property sued for.
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Appeal from Houston Circuit Court. Heard before Hon. H. A. Pearce. Detinue by Sidney Willoughby against J. B. Jernigan. From a judgment for plaintiff, defendant appeals. Willoughby sued Jernigan in detinue for a boiler, engine, and all attachments, known as the “Pennington mill property,” with the value of the hire or use thereof. Jernigan gave a replevy bond for the property sued for. Suggestion was made that the property was claimed under and by virtue of a mortgage, and that the amount of the mortgage debt be ascertained. The judgment entry, omitting unnecessary parts, is as follows: “We,…
1Opinion of the CourtAnderson, J.
In an action of detinue, the statute (section 3781, Code 1907,) requires that the value of each article of the property sued for should *652be assessed by the jury separately, if practicable, and that judgment against either party must be for the property sued for or its alternate value, etc. The judgement entry fails to recite or show a compliance with the law, as the value of the property was not assessed, nor is there any judgment for the alternate velue. — Witticks v. Keiffer, 31 Ala. 199; Lassiter v. Thompson, 85 Ala. 223, 6 South. 33; Warehouse Co. v. Johnson, 85 Ala. 178, 4 South. 643.
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2Cases cited3 opinions
- Wittick's Adm'r v. KeifferSupreme Court of Alabama · 1857
- Lassiter v. ThompsonSupreme Court of Alabama · 1887
- Southern Warehouse Co. v. JohnsonSupreme Court of Alabama · 1887
3Cited by8 opinions
- Kirkland v. PilcherSupreme Court of Alabama · 1911
- Gwin v. Emerald Co.Supreme Court of Alabama · 1918
- Pocahontas Graphite Co. v. Minerals Separation North American Corp.Supreme Court of Alabama · 1926
- Starr Piano Co. v. BakerAlabama Court of Appeals · 1913
- Hines v. TribbleAlabama Court of Appeals · 1911
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