Elmore v. Simon & Bro.
Supreme Court of Alabama
Trover. Appeal from Montgomery Circuit Court. Tried before Hon. J. Q. Smith. This was an action of trover brought on October 1st, 1879, by Trank H. Elmore against J. Simon & Bro., and was commenced before John B. Fuller, Esq., a justice of the peace of Montgomery county. The complaint, which was in tbe form prescribed by the Code for actions of trover, claimed damages for the conversion of a bale of cotton, on which tbe plaintiff held a mortgage.
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Trover. Appeal from Montgomery Circuit Court. Tried before Hon. J. Q. Smith. This was an action of trover brought on October 1st, 1879, by Trank H. Elmore against J. Simon & Bro., and was commenced before John B. Fuller, Esq., a justice of the peace of Montgomery county. The complaint, which was in tbe form prescribed by the Code for actions of trover, claimed damages for the conversion of a bale of cotton, on which tbe plaintiff held a mortgage. This mortgage contained a stip-’ ulation that, “in the event, we, (the mortgagors), shall fail or refuse to deliver twenty-five hundred pounds of…
1Opinion of the CourtSomerville, J.
— This case, having been first tried by a justice of the peace, was taken by appeal to the Circuit Court, and was there tried, by written consent of the parties, without the intervention of a jury. — Code, 1876, §§ 3029-30. The papers sent up from the justice’s court disclosed an action of trover for one bale of cotton, the complaint being in substantial compliance with the form prescribed by the Code. The plaintiff filed with the clerk of the Circuit Court what purported to be an amended complaint, which was a count in case, based on the same cause of action. This was done without leave of…
2Cases cited8 opinions
- Hathaway v. . BraymanNew York Court of Appeals · 1870
- Dixon v. BarclaySupreme Court of Alabama · 1853
- Ellington v. CharlestonSupreme Court of Alabama · 1874
- Grant v. SteinerSupreme Court of Alabama · 1880
- Rees v. CoatsSupreme Court of Alabama · 1880
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3Cited by22 opinions
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- Louisville & Nashville R. R. v. AbernathySupreme Court of Alabama · 1916
- Johnson v. Wilson & Co.Supreme Court of Alabama · 1902
- Jackson, Morris & Co. v. RutherfordSupreme Court of Alabama · 1882
- Springfield Fire & Marine Insurance v. DeJarnettSupreme Court of Alabama · 1895
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