Legal Opinion

May v. O'Neal

Supreme Court of Alabama

Decided November 15, 1899PublishedCited by 2 opinions

Appeal from the Circuit Court :of Henry. Tried before the Hon. J. C. Richardson. Tlii-s was an action brought by the appellant against the appellee. The complaint as originally filed contained two counts.

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Appeal from the Circuit Court :of Henry. Tried before the Hon. J. C. Richardson. Tlii-s was an action brought by the appellant against the appellee. The complaint as originally filed contained two counts. The second count was stricken on motion of the plaintiff. ' After demurrers to the first count of the original complaint were 'sustained, the complaint was amended so as to contain three counts, as follows: 1. “Plaintiff claims of the defendant the sum of seventy-five dollars damages for that on or about the first day of January, 1898, plaintiff -was possessed of and the owner of one dark…

1Opinion of the CourtTyson, J.

-Amended counts 1, 3 and 4 are in case. Count No. 1 is defective in not averring that the defendant had notice of plainti ff’s ownership of the mare. The other two sufficiently aver this fact and Avere not subject to the demurrer interposed to them.

If it be true as averred in each of them, that the plaintiff rented the mare to Warren May, Sr., for the year 1898, and he, before the termination of his rental contract, sold or exchanged her to'tbe defendant, and he in turn sold or otherAvise disposed of her, attempting to convey an absolute title to the person to Aidrom he delivered her, Avith a…

2Cases cited2 opinions

  1. Governor v. ReadSupreme Court of Alabama · 1862
  2. Williams v. BrassellSupreme Court of Alabama · 1874

3Cited by2 opinions

  1. Mier v. Southern California Ice Co.California Court of Appeal · 1922
  2. J. T. Camp Transfer & Warehouse Co. v. BonhamAlabama Court of Appeals · 1914

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