Shreve-Milligan Live Stock & Vehicle Co. v. Pelham
Alabama Court of Appeals
Appeal from Andalusia City Court. Heard before Hon. A. L. Rankin. Detinue by J. J. Pelham against J. W. Shreve, wherein the Shreve-Milligan Live Stock & Vehicle Company interposed a claim for the property sued for. Judgment for plaintiff and claimant appeals. The court erred in permitting the plaintiff to prove and recover the reasonable market value of the property from the time of suit until the trial.
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Appeal from Andalusia City Court. Heard before Hon. A. L. Rankin. Detinue by J. J. Pelham against J. W. Shreve, wherein the Shreve-Milligan Live Stock & Vehicle Company interposed a claim for the property sued for. Judgment for plaintiff and claimant appeals. The court erred in permitting the plaintiff to prove and recover the reasonable market value of the property from the time of suit until the trial. This was proper in a detinue suit but was not proper in the claim suit. — -Section 3781, 3792, 6039, 6041; Merchants Nat. Bank v. Bales, 148 Ala. 279; Hotoard v. Dean, 143 Ala. 423. The court…
1Opinion of the CourtWalker, P. J.
The appeal is from a judgment in favor of the plaintiff for part of the property sued for in a statutory action of detinue, entered upon a verdict in his favor on the trial of an issue made up be*264tween him and the appellant, which had claimed the property in the manner provided by the statute (Code § 3792) for the interposition of such a claim by one not a party to the suit. The -plaintiff’s asserted right to the property was dependent upon the validity of a claim by him that he had repurchased it from one B. B. Layton, to whom, according to his own testimony, he had previously sold and…
2Cases cited7 opinions
- Keyser v. Maas & SchwarzSupreme Court of Alabama · 1895
- Southern Hardware & Supply Co. v. LesterSupreme Court of Alabama · 1910
- Merchants National Bank v. BalesSupreme Court of Alabama · 1906
- Howard v. DeensSupreme Court of Alabama · 1904
- Holloway v. Burroughs & Taylor Co.Alabama Court of Appeals · 1912
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3Cited by2 opinions
- Slaughter v. WebsterSupreme Court of Alabama · 1915
- Faulk v. DorseySupreme Court of Alabama · 1936