Lucas v. Pittman
Supreme Court of Alabama
Appeal from the Circuit Court of Shelby. Tried before the Hon. Leroy F. Box. This action, was brought by Mrs. Minnie Hardy against Kansom Lucas, to recover two horses, a wagon, and a set of harness, and was commenced on the 26th June, 1888. In the summons the defendant was cited to answer the complaint of “Minnie Hardy as administratrix of the estate of J. W. Hardy, deceased,” and the same words were used in the caption of the complaint, or marginal statement of the parties’…
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Appeal from the Circuit Court of Shelby. Tried before the Hon. Leroy F. Box. This action, was brought by Mrs. Minnie Hardy against Kansom Lucas, to recover two horses, a wagon, and a set of harness, and was commenced on the 26th June, 1888. In the summons the defendant was cited to answer the complaint of “Minnie Hardy as administratrix of the estate of J. W. Hardy, deceased,” and the same words were used in the caption of the complaint, or marginal statement of the parties’ names; but the body of the complaint was in the usual form, “The plaintiff claims,” &c. The defendant pleaded “not…
1Opinion of the CourtColeman, J.
— The suit is in detinue. The caption to the complaint when filed was “Minnie Hardy, as the administratrix of J. W. Hardy, deceased, plaintiff v. Ransom L. Lucas, defendant.” The complaint itself is as follows : “The plaintiff claims of the defendant the following personal property viz.,” describing the property, “with the value of the hire or use thereof during the detention,” &c. The proof shows that plaintiff relied upon the title of his intestate for a recovery. The court gave the general affirmative charge in favor of the plaintiff. The first question presented is to determine whether…
2Cases cited8 opinions
- Hatch v. Oil Co.Supreme Court of the United States · 1879
- Gibson v. LandSupreme Court of Alabama · 1855
- Kirkman, Abernathy & Hanna v. BenhamSupreme Court of Alabama · 1856
- Agee v. WilliamsSupreme Court of Alabama · 1855
- Tate v. Shackelford's Adm'rSupreme Court of Alabama · 1854
3 more not listed; retrieve them via the Exa API.
3Cited by47 opinions
- Boyd v. United States Mortgage & Trust Co.New York Court of Appeals · 1907
- Colonial Life and Accident Insurance Co. v. CollinsSupreme Court of Alabama · 1967
- Prudential Casualty Co. v. KerrSupreme Court of Alabama · 1918
- Alabama City G. & A. Ry. Co. v. HealdSupreme Court of Alabama · 1912
- Hatas v. PartinSupreme Court of Alabama · 1965
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