Maddox v. Dunklin
Supreme Court of Alabama
Appeal from St. Clair Circuit Court. Heard, before Hon. A. H. Alston. Action by S. J. Dunklin against W. N. Maddox, individually and as surviving partner of Wait & Maddox. From a judgment for plaintiff, defendant appeals. The evidence tended to show that the mules, together with others, had been mortgaged by W. M. Cochran and by Cochran & Webb to J. C. Street.
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Appeal from St. Clair Circuit Court. Heard, before Hon. A. H. Alston. Action by S. J. Dunklin against W. N. Maddox, individually and as surviving partner of Wait & Maddox. From a judgment for plaintiff, defendant appeals. The evidence tended to show that the mules, together with others, had been mortgaged by W. M. Cochran and by Cochran & Webb to J. C. Street. The mortgagors resided in St. Clair county, and the mortgaged property was kept there, and there the mortgages were duly recorded, and were later transferred by indorsement and also by separate paper writing by Street to the plaintiff.…
1Opinion of the CourtSimpson, J.
This is a.n action by the appellee against the appellant for the conversion of Uvo mules. The court, on the written request of the plaintiff, gave the general affirmative charge in favor of said plaintiff. The bill of exceptions does not state that it contains all *281of the evidence/, and there is internal evidence that it does ■ not contain all. This court has frequently ■ held that, unless the bill of exceptions shows that it contains all of the evidence, the court will' presume that there was evidence justifying the trial court in giving the general charge.—Wardsworth v. Williams, 101 Ala.…
2Cases cited4 opinions
- Wadsworth v. WilliamsSupreme Court of Alabama · 1893
- Evansville, Paducah & Tennessee River Packet Co. v. SlaterSupreme Court of Alabama · 1893
- McLester v. Somerville & McEachinSupreme Court of Alabama · 1875
- Western Railway v. WilliamsonSupreme Court of Alabama · 1896
3Cited by6 opinions
- L.J.K. v. StateCourt of Criminal Appeals of Alabama · 2005
- Cook v. LatimerSupreme Court of Alabama · 1966
- Eade v. First Nat. Bank of CondonOregon Supreme Court · 1925
- Capital Lincoln-Mercury v. General Motors Acceptance CorporationDistrict Court of Appeal of Florida · 1958
- Burton v. StateCourt of Criminal Appeals of Alabama · 1972
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