Rogers v. Whittle
Alabama Court of Appeals
Appeal from DeKalb Circuit Court. Heard before Hon. W. W. Haralson. Detinue by Z. D. Rogers and wife against Joe Whittle for the recovery of certain personal property, restaurant fixtures. Judgment for- defendant, and plaintiffs appeal. The testimony of Rogers was that he rented the fixtures to Whittle at a rate of $3 per month for the first month, and that Whittle was to pay $5 the succeeding months.
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Appeal from DeKalb Circuit Court. Heard before Hon. W. W. Haralson. Detinue by Z. D. Rogers and wife against Joe Whittle for the recovery of certain personal property, restaurant fixtures. Judgment for- defendant, and plaintiffs appeal. The testimony of Rogers was that he rented the fixtures to Whittle at a rate of $3 per month for the first month, and that Whittle was to pay $5 the succeeding months. That Whittle paid the first $3, and on the next month paid only $3, when he told him he would have to come up on the rent, and that later Whittle came to him and told him he could not pay rent,…
1Opinion of the CourtBrown, J.
(1-3) The gist of the action of detinue is the wrongful detention of the property of the plaintiff by the defendant ; and to entitle the plaintiff to recover he must not only show general or special property in the chattel, but he must be entitled to the immediate possession. — Salter v. Pearce, 4 Ala. 669; Oliver v. McClellan, 21 Ala. 675; Reese v. Harris, 27 Ala. 301. And where two parties join as plaintiffs in an action at law, both must be entitled to recover or neither can recover. — McLeod v. McLeod, 73 Ala. 42; McCall v. Jones, 72 Ala. 373; Lovelace v. Hutchinson, 106 Ala. 425, 17…
2Cases cited15 opinions
- Louisville & Nashville Railroad v. Sullivan Timber Co.Supreme Court of Alabama · 1899
- McLeod v. McLeodSupreme Court of Alabama · 1882
- McDaniel v. StateSupreme Court of Alabama · 1892
- Prestwood v. McGowinSupreme Court of Alabama · 1900
- Reese v. HarrisSupreme Court of Alabama · 1855
10 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Bates v. Chilton CountySupreme Court of Alabama · 1943
- La Rue v. Loveman, Joseph & LoebSupreme Court of Alabama · 1929
- Grissom v. Dahart Ice Cream Co.Alabama Court of Appeals · 1949
- Norton v. Birmingham Fertilizer Co.Alabama Court of Appeals · 1917
- Grissom v. Dahart Ice Cream Co.Alabama Court of Appeals · 1949
1 more not listed; retrieve them via the Exa API.