Higdon v. Garrett
Supreme Court of Alabama
Appeal from Jefferson Circuit Court. Heard before Hon. A. A. Coleman. Action by W. J. Garrett against E. L. Higdon, as sheriff, for conversion of personal property. Judgment for plaintiff and defendant appeals.
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Appeal from Jefferson Circuit Court. Heard before Hon. A. A. Coleman. Action by W. J. Garrett against E. L. Higdon, as sheriff, for conversion of personal property. Judgment for plaintiff and defendant appeals. Plaintiff was estoped to assert that she retained title to the goods. — Tobias v. Josiah Morris & Co., 126 Ala. 550. The verdict was excessive. — Ryan, et al. v. Young, 147 Ala. 669. As to the measure of damages in cases of this character, see also. — Baker v. Ootney, 150 Ala. 510; Seibold v. Rodgers, 110 Ala 445; Keith v. Ham, 89 Ala. 59; Byrd v. Womack, 69 Ala. 390. Counsel discuss…
1Opinion of the CourtDenson, J.
This action was brought by Mrs. W. J. Garrett against E. L. Higdon as sheriff of Jefferson county. The complaint contains two counts — one in trespass, for the taking of certain household and kitchen furniture, bedding, etc.; and the other in trover, for the conversion of the same property. Demurrers were filed to the complaint, but they were not acted upon by the trial court. It is therefore presumed that they were waived.
Three, pleas were presented by the defendant — first, the general issue; second, that the goods involved in the suit were levied on under an attachment at the'suit of Mrs.…
2Cases cited7 opinions
- Louisville & Nashville Railroad v. BarkerSupreme Court of Alabama · 1892
- Johnston v. WhittemoreMichigan Supreme Court · 1873
- Bradley v. BurkettSupreme Court of Georgia · 1889
- Rose v. StorySupreme Court of Pennsylvania · 1845
- Morton v. Frick Co.Supreme Court of Georgia · 1891
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3Cited by2 opinions
- Lacey v. Great Northern Railway Co.Montana Supreme Court · 1924
- Kennedy v. NelsonAlabama Court of Appeals · 1954