Wellden v. Witt
Supreme Court of Alabama
Appeal from Limestone Circuit Court. . Heard before Hon. D. W. Speake. Detinue for a mule by Witt against Wellden. Tbe fact upon wMcli the opinion is rested sufficiently appear therein.
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Appeal from Limestone Circuit Court. . Heard before Hon. D. W. Speake. Detinue for a mule by Witt against Wellden. Tbe fact upon wMcli the opinion is rested sufficiently appear therein. In his oral charge to the jury, the court said: “I charge you, gentlemen of the jury, if an agreement had been made between plaintiff and defendant for the purchase of the mule in suit, and by mistake in drawing the note there was omitted therefrom the words ‘with in- ' terest at the rate of 8 per cent, per annum,’ and it was agreed that said note should bear such rate of interest from date, then there was not…
1Opinion of the CourtDenson, J.
-Detinue by John R. Witt against James Ed Wellden to recover a mule. Plaintiff obtained judgment in the circuit court, and the defendant appealed.
The defendant, under section 1477 of the Code of 1896, suggested that the plaintiff’s title was based on a conditional sale contract reserving title to him until the purchase money was paid. He also pleaded the general issue and several special pleas. Issue was joined on the general issue, the suggestion and plea of tender. The court struck from the file or sustained a demurrer to pleas A, B, D, Gr, X, and Y. Plea of non detinet put in issue the…
2Cases cited13 opinions
- Jones v. AndersonSupreme Court of Alabama · 1886
- Cannon v. LindseySupreme Court of Alabama · 1887
- Fawkner v. Lew Smith Wall Paper Co.Supreme Court of Iowa · 1893
- Carlisle v. Peoples BankSupreme Court of Alabama · 1898
- Henry v. AllenSupreme Court of Alabama · 1890
8 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Moore v. WilliamsonSupreme Court of Alabama · 1925
- Perkins v. SkatesSupreme Court of Alabama · 1929
- Little v. ReddittSupreme Court of Alabama · 1956
- Rabitte v. Alabama Great Southern Ry. Co.Supreme Court of Alabama · 1908
- E. T. Gray & Sons v. Satuloff Bros.Supreme Court of Alabama · 1925
11 more not listed; retrieve them via the Exa API.