Banks v. Windham
Alabama Court of Appeals
Trover and Conversion. Appeal from Walker Circuit Court. Heard before Hou. J. J. Curtis. Trespass and trover by Sallie E. Windham against John T. Banks and others. Judgment for plaintiff and defendant appeals.
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Trover and Conversion. Appeal from Walker Circuit Court. Heard before Hou. J. J. Curtis. Trespass and trover by Sallie E. Windham against John T. Banks and others. Judgment for plaintiff and defendant appeals. Where time of conversion is alleged in an action of trover it must be proven as alleged. — Williams v. Mc-Kissack, 27 South. 922. A mere right to charge property with a lien will not support an action of trover.— Corbett v. Reynolds, 68 Ala. 378; 5 Mayf. 928. Appellants were, therefore, entitled to the affirmative charge. Plaintiff was not entitled to recover under the second count or…
1Opinion of the CourtPelham, J.
-The complaint filed in the circuit court by the appellee originally contained four counts, but the third count was withdrawn, and the trial was had on count 1, which is in trespass for taking the personal property described therein, on count 2, which is for conversion of the same property, and on count 4, “for money on, to-wit, the 28th day of March, 1910, secured by defendants to the use of plaintiff.” To each of these counts the defendants separately filed a plea of “not guilty.” The record shows that the trial was had to conclusion by all the parties without objection on the general…
2Cases cited5 opinions
- Bowling v. Mobile & Montgomery Railway Co.Supreme Court of Alabama · 1900
- Hundley v. ChadickSupreme Court of Alabama · 1895
- Southern Ry. Co. v. CortnerAlabama Court of Appeals · 1912
- Bronson v. RussellSupreme Court of Alabama · 1904
- Tippett v. GandySupreme Court of Alabama · 1909
3Cited by9 opinions
- Howton v. MathiasSupreme Court of Alabama · 1916
- Davin v. DowlingWashington Supreme Court · 1927
- Talich v. MarvelNebraska Supreme Court · 1927
- Moriarty v. DziakSupreme Court of Alabama · 1983
- Crowe v. CourseyMissouri Court of Appeals · 1980
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