Barton v. Charter Gas Engine Co.
Supreme Court of Alabama
Appeal from Marengo Circuit Court. Heard before Hon. John T. Lackland. Action by the Charter Gas Engine Company against H. M. Barton in detinue to recover a gas engine and boat. From a judgment for plaintiff, defendant appeals: Defendant failed to replevy the property within the time required by law, and plaintiff then filed bond:and took charge of the property under the statute.
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Appeal from Marengo Circuit Court. Heard before Hon. John T. Lackland. Action by the Charter Gas Engine Company against H. M. Barton in detinue to recover a gas engine and boat. From a judgment for plaintiff, defendant appeals: Defendant failed to replevy the property within the time required by law, and plaintiff then filed bond:and took charge of the property under the statute. On the trial judgment was rendered for defendant for the boat, together with the use and hire thereof. On motion this judgment was set aside, and a judgment rendered for plaintiff notwithstanding the verdict, for the…
1Opinion of the CourtDenson, J.
The plaintiff sued the defendant in an action of detinue to recover a gasoline engine and the boat on Avhich the engine was erected. The property was seized; and, the defendant having failed to replevy, the *277plaintiff replevied the property and held possession at the time of the trial. Upon the trial of the cause, on the issues joined before the jury, a verdict was returned in favor of the defendant for the boat. Its alternate value was assessed at $500, and the value of its hire or use at $712.55; and a judgment was renderel for the defendant according ‘to the verdict, on the 1st day of May,…
2Cases cited11 opinions
- Mudge v. TreatSupreme Court of Alabama · 1876
- Sanders v. SteenSupreme Court of Alabama · 1900
- Shippey v. EastwoodSupreme Court of Alabama · 1846
- Chapman v. HoldingSupreme Court of Alabama · 1877
- Ewing v. WoffordSupreme Court of Alabama · 1898
6 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- MacKintosh Co. v. WellsSupreme Court of Alabama · 1928
- Irby v. KaiglerAlabama Court of Appeals · 1912
- Solnick v. BallardSupreme Court of Alabama · 1928
- State ex rel. Tate v. PowellSupreme Court of Alabama · 1913
- Hendon v. McCoySupreme Court of Alabama · 1931
5 more not listed; retrieve them via the Exa API.