Pritchett v. Fife
Alabama Court of Appeals
Appeal from Pickens Circuit Court. Heard before Hon. Bernard Harwo'od. Detinue by U. G. Fife against Tommie Pritchett. Judgment for plaintiff, and defendant appeals. The pleadings and facts sufficiently appear from the opinion.
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Appeal from Pickens Circuit Court. Heard before Hon. Bernard Harwo'od. Detinue by U. G. Fife against Tommie Pritchett. Judgment for plaintiff, and defendant appeals. The pleadings and facts sufficiently appear from the opinion. The following charges were refused the defendant: (2) “The court charges the jury that if you believe the evidence in this case that defendant stated or said that at the time the trade was made his mules were all right and sound, and that if you further believe that defendant was a minor at the time, then he would not be bound by this statement, and your verdict should…
1Opinion of the CourtWalker, P. J.
— This was a statutory action of detinue for the recovery of two mules and a set of harness.
The demurrers to pleas 1, 2, and O were properly sustained. Pleas 1 and C set up the fact of the defendant’s minority as a defense to the suit. The action of detinue, being for the recovery of personal property wrongfully detained, is in tort, and may be maintained against a minor. — Oliver v. McClellan, 21 Ala. 675; 22 Cyc. 621.
Plea 2 avers that the property sued for was obtained by the defendant from the plaintiff in a horse swap, in which the defendant guaranteed and warranted that the property…
2Cases cited6 opinions
- Davis, Moody Co. v. Betz & CullmanSupreme Court of Alabama · 1880
- Fuller v. ChenaultSupreme Court of Alabama · 1908
- Rutter v. Hanover Fire InsuranceSupreme Court of Alabama · 1902
- Brewer v. ArantzSupreme Court of Alabama · 1899
- Oliver v. McClellanSupreme Court of Alabama · 1852
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Hooper Motor Co. v. HarrisSupreme Court of Alabama · 1933
- Cleveland v. TowleAlabama Court of Appeals · 1924
- Ex parte PritchettSupreme Court of Alabama · 1914