Morris v. Hall
Supreme Court of Alabama
Appeal from the City Court of Montgomery. Tried before the Hon. Thos. M. Arrington. This action was brought by William B. Hall, against Josiah Morris, W. C. Eay, A. E. Given, E. H. Metcalf, and D. Browder, to recover damages for the conversion of one hundred and twenty-five bales of cotton; and was commenced on the 19th January, 1866. The defendants severally pleaded the general issue, “ in short by consent, with leave to give in evidence any matter that might be admissible…
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Appeal from the City Court of Montgomery. Tried before the Hon. Thos. M. Arrington. This action was brought by William B. Hall, against Josiah Morris, W. C. Eay, A. E. Given, E. H. Metcalf, and D. Browder, to recover damages for the conversion of one hundred and twenty-five bales of cotton; and was commenced on the 19th January, 1866. The defendants severally pleaded the general issue, “ in short by consent, with leave to give in evidence any matter that might be admissible under that issue, or under any special plea in bar; and the plaintiff joined issue, with like leave to give in evidence…
1Opinion of the CourtByrd, J.
[1.] The plea of not guilty, to an action of trover, puts in issue every matter which can be pleaded in bar, exeept a release. The bill of exceptions shows, that all the evidence introduced on the trial is set out therein. The court charged the jury, “ that, if they believed all the evidence, they must find for the plaintiff, for the value of the said cotton on the day of the said demand upon and refusal by said Morris, with interest on that value from the day of said demand, up to the day of rendering their verdict.” The appellee contends, that the court did not err in giving the charge, for…
2Cases cited59 opinions
- Rhodes v. OtisSupreme Court of Alabama · 1859
- Gunter v. LeckeySupreme Court of Alabama · 1857
- Magee v. BillingsleySupreme Court of Alabama · 1842
- Murray v. BurlingNew York Supreme Court · 1813
- City Council of Montgomery v. Montgomery & Wetumpka Plank-Road Co.Supreme Court of Alabama · 1857
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3Cited by20 opinions
- Automotive Acceptance Corporation v. PowellCourt of Civil Appeals of Alabama · 1970
- Scroggins v. Alabama Gas CorporationSupreme Court of Alabama · 1963
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- Herren v. BeckSupreme Court of Alabama · 1935
- Long v. Geo. Pacific Railway Co.Supreme Court of Alabama · 1890
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