Wittick v. Traun
Supreme Court of Alabama
Appeal from the Circuit Court of Dallas. Tried before the Hon. Nat. Cook. This action was brought by Mary Wittiok, the appellant, against Henry Traun, to recover ten slaves — to-wit, Rose, Will, Ann, Caroline, Jim, Lucy, Sarah, John, Eliza, and Martha, together with damages for their detention.
Read the full summary
Appeal from the Circuit Court of Dallas. Tried before the Hon. Nat. Cook. This action was brought by Mary Wittiok, the appellant, against Henry Traun, to recover ten slaves — to-wit, Rose, Will, Ann, Caroline, Jim, Lucy, Sarah, John, Eliza, and Martha, together with damages for their detention. The defendant pleaded, 1st, the general issue; 2dly, the statute of limitar tions of sis years ; and his other pleas were as follows “3. Actio non, as to fivo of said slaves (to-wit, Jim, Lucy* Sarah, John, and Ann), because he says that, heretofore, on the 30th day of January, 1852, the plaintiff…
1Opinion of the CourtRice, J.
The detention of chattels is distinguishable from a trespass upon or a conversion of them. A detention may be included in a trespass or conversion ; but there may be a detention, sufficient to support detinue, when there has * been neither a trespass nor a conversion, and when, therefore, neither trover nor trespass could be maintained. — Herring v. Glisson, 2 Dev. Law R. 156; Six Carpenters’ case, 8 Coke, 290; Walker v. Hampton, 8 Ala. R. 412; McCombie v. Davis, 6 East’s R. 538.
When, by a single act, there has been a trespass upon or a conversion of chattels, which, at the time of such…
2Cases cited1 opinion
- Lyman v. ClarkMassachusetts Supreme Judicial Court · 1812
3Cited by12 opinions
- City of Birmingham v. HawkinsSupreme Court of Alabama · 1916
- Gilbreath v. JonesSupreme Court of Alabama · 1880
- Kirkland v. PilcherSupreme Court of Alabama · 1911
- St. Clair v. Caldwell & RiddleSupreme Court of Alabama · 1882
- Scott v. ParkerSupreme Court of Alabama · 1927
7 more not listed; retrieve them via the Exa API.