Ross v. Malone & Son
Supreme Court of Alabama
Appeal from Pike Circuit Court. Tried before Hon. John P. Hubbard. Malone & Son sued C. E. Boss for the conversion of.a bale of cotton. It was in evidence that a suit in detinue for the same bale of cotton was pending at the time this action was commenced, and that it had resulted in a judgment for Malone & Son, the plaintiffs in both suits, and the judgment in detinue had been satisfied.
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Appeal from Pike Circuit Court. Tried before Hon. John P. Hubbard. Malone & Son sued C. E. Boss for the conversion of.a bale of cotton. It was in evidence that a suit in detinue for the same bale of cotton was pending at the time this action was commenced, and that it had resulted in a judgment for Malone & Son, the plaintiffs in both suits, and the judgment in detinue had been satisfied. The bill of exceptions contains this statement: “The point reserved and so intended, in this case, is whether, under said trover suit, lost time in attending trial of detinue suit, and attorney’s fees in the…
1Opinion of the CourtMcCLELLAN, J.
— This action is prosecuted by Malone & Son against Boss. The complaint is in the language following: “The plaintiffs claim of the defendant sixty dollars damages for the conversion by him, on the —■ day of December, 1886, of the following chattels: One bale of cotton, the property of plaintiffs.” The trial was had on the general issue. Against defendant’s objection plaintiffs were allowed to prove as items of damage, counsel fees and other expenses incurred and paid by them in the prosecution of an action of detinue for the recovery of the cotton in specie, *530which, was pending when this snit…
2Cases cited1 opinion
- Ala. Great Southern Railroad v. TapiaSupreme Court of Alabama · 1891
3Cited by4 opinions
- Irby v. WildeSupreme Court of Alabama · 1907
- Boggan v. BennettSupreme Court of Alabama · 1893
- Pruett v. WilliamsSupreme Court of Alabama · 1908
- Standard Oil Co. v. WeeksAlabama Court of Appeals · 1912