Frazer v. Sellers
Alabama Court of Appeals
Appeal from Bullock Circuit Court. Heard before Hon. Mike Sollie. Trover by C. W. Sellers against S. T. Frazer for tbe conversion of a mule. Judgment for plaintiff and defendant appeals.
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Appeal from Bullock Circuit Court. Heard before Hon. Mike Sollie. Trover by C. W. Sellers against S. T. Frazer for tbe conversion of a mule. Judgment for plaintiff and defendant appeals. Tbe defendant was entitled to tbe affirmative charge. —Conner et ad. v. Allien et erf.,'33 Ala. 516; Davis é Son v. Hurt, 114 Ala. 150; Johmon v. Wilson cG Co., 137 Ala. 470; Corbitt v. Reynolds, 68 Ala. 379; Heflin v. Slay, 78 Ala. 183; Bollmg v. Kirby, 90 Ala. 222. On these authorities, a demand and refusal was necessary, and it was not sliown. No brief reached tbe Reporter.
1Opinion of the CourtPelham, J.
This appeal is prosecuted from a judgment denying appellant’s motion for a new trial in a trover suit brought by appellee against appellant in *287the circuit court of Bullock county, claiming damages for the conversion of a mule, in which suit the appellee as the plaintiff below recovered judgment against the defendant, the appellant here. The original case was tried and judgment rendered agaiiist the defendant at the spring term of the court of Í909, and the motion for a new trial was not heard and judgment entered denying the motion until February 7, 1911; but the bill of exceptions shows an…
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