Meador v. Evans
Supreme Court of Alabama
Appeal from Marengo Law and Equity Court.- Heard before Hon.. Edward J. Gilder. Dora Evans sued J. B. Meador in assumpsit and in trover, and had judgment from which defendant appealed.
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Appeal from Marengo Law and Equity Court.- Heard before Hon.. Edward J. Gilder. Dora Evans sued J. B. Meador in assumpsit and in trover, and had judgment from which defendant appealed. The corn was taken possession of by the tacit consent of plaintiff, and the demand for its return was necessary before trover could be maintained.; — Wilson v. Curry, 149 Ala. 368; §§ 4734, 4739, Code 1907. Under the authorities cited by appellant, and under the facts in this case, no demand was necessary. It is within the sound discretion of the court to control the cross-examination, and the exercise of such…
1Opinion of the CourtGardner, J.
This suit was brought by appellee against appellant, the complaint consisting of three counts: One, in trover, for the wrongful conversion by defendant of 125 bushels of corn, and one cow and calf, the property of the plaintiff; one, for money had and received; and, one, on open account. There was judgment for the plaintiff, and the defendant appealed.
The cause was tried by the court without a jury. The judgment does not disclose precisely upon which count of the complaint it was rendered, but it would seem to have rested upon the- first, which is the count .in trover, and it is so treated by…
2Cases cited4 opinions
- Woods v. RoseSupreme Court of Alabama · 1902
- Moore v. Monroe Refrigerator Co.Supreme Court of Alabama · 1900
- Mitchell Square Bale Ginning Co. v. GrantSupreme Court of Alabama · 1904
- Davis v. Simpson Coal Co.Supreme Court of Alabama · 1909
3Cited by5 opinions
- McRae v. BandySupreme Court of Alabama · 1959
- Moore v. StephensAlabama Court of Appeals · 1944
- Universal C.I.T. Credit Corporation v. WeeksCourt of Civil Appeals of Alabama · 1970
- Claybrooke Warehouse & Gin Co. v. Farmers Cooperative Warehouse & Gin Co.Supreme Court of Alabama · 1954
- Lehman v. AustinSupreme Court of Alabama · 1915