Karter v. Fields
Supreme Court of Alabama
Appeal 'from tbe Circuit Court of Cullman. Tried before tbe Hon. H. C. Speake. Tliis was an action of trespass on tbe case brought by tbe appellee, A. E. Fields, against J. H. Karter. This is tbe second appeal in this case. On tbe former appeal tbe judgment in favor of tbe defendant was reversed and tbe cause remanded.
Read the full summary
Appeal 'from tbe Circuit Court of Cullman. Tried before tbe Hon. H. C. Speake. Tliis was an action of trespass on tbe case brought by tbe appellee, A. E. Fields, against J. H. Karter. This is tbe second appeal in this case. On tbe former appeal tbe judgment in favor of tbe defendant was reversed and tbe cause remanded. After tbe remandment of tbe cause, tbe plaintiff amended bis complaint by ■adding tbe following' additional count: “Tbe plaintiff claims of tbe defendant the sum of one thousand dollars as damages from tbe defendant, and for cause of action shows: That plaintiff was at tbe time…
1Opinion of the CourtSharpe, J.
Several questions involved in this case have heretofore been passed on by this court as will appear in the opinion rendered in Fields v. Karter, 121 Ala. 329. Then the -complaint as previously amended, consisted of a -single count which was re-cog-nized as sufficiently stating a cause of action in case. By its averments it is shown in substance that defendant with notice of a mortgage given plaintiff by one Pearsall on certain lands and crops, wrongfully converted cotton equitably covered by the mortgage whereby plaintiff was -deprived of the right to subject the cotton to the mortgage.
A…
2Cases cited10 opinions
- Bolling v. Kirby & BrotherSupreme Court of Alabama · 1890
- Conner & Johnson v. Allen & ReynoldsSupreme Court of Alabama · 1859
- Dryer v. LewisSupreme Court of Alabama · 1877
- Fields v. KarterSupreme Court of Alabama · 1898
- Evans v. Cincinnati, Selma & Mobile Railway Co.Supreme Court of Alabama · 1884
5 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Craft v. Standard Acc. Ins. Co.Supreme Court of Alabama · 1929
- Kuykendall v. EdmondsonSupreme Court of Alabama · 1922
- Lamar v. JohnsonAlabama Court of Appeals · 1919
- Argo v. Sylacauga Mercantile Co.Alabama Court of Appeals · 1915
- Williams v. NolandSupreme Court of Alabama · 1920
15 more not listed; retrieve them via the Exa API.