Davis v. Snider
Supreme Court of Alabama
Appeal from the Circuit Court of Pike. Tried before the Hon. John P. Hubbard. This action was brought by James A. Davis, against Mike-Snider, to recover certain personal property, described in the complaint as “one four-feet water-wheel, and shafting and set of mill and gin gearing,” with the value of the hire or use thereof during its detention; and was commenced on the 13th January, 1x81. The cause was tried, as the judgment-entry recites, on issue joined on the plea of…
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Appeal from the Circuit Court of Pike. Tried before the Hon. John P. Hubbard. This action was brought by James A. Davis, against Mike-Snider, to recover certain personal property, described in the complaint as “one four-feet water-wheel, and shafting and set of mill and gin gearing,” with the value of the hire or use thereof during its detention; and was commenced on the 13th January, 1x81. The cause was tried, as the judgment-entry recites, on issue joined on the plea of non detinet. The plaintiff claimed the property sued for, under a written instrument signed by the defendant, dated the…
1Opinion of the CourtStone, J.
In refusing to give the charge numbered 2, asked by plaintiff, and in giving charge numbered 1-, asked by defendant, the Circuit Court erred, as clearly shown in Ramsey v. Young, at the present term.—69 Ala. 157.
In thus ruling, it is not our intention to preclude inquiry into the alleged fraud, charged to have been perpetrated by plaintiff in procuring defendant’s signature to the instrument he relies on for recovery. If plaintiff fraudulently imposed on defendant, and procured his signature to an instrument he had not agreed to sign, did not know he was signing, ánd did not intend to…
2Cases cited4 opinions
- Goetter, Weil & Co. v. PickettSupreme Court of Alabama · 1878
- Paysant v. WareSupreme Court of Alabama · 1840
- Dickinson v. Lewis, Garthwaite & Co.Supreme Court of Alabama · 1859
- Morris v. HarveySupreme Court of Alabama · 1842
3Cited by7 opinions
- Prestwood v. CarltonSupreme Court of Alabama · 1909
- Bates v. HarteSupreme Court of Alabama · 1899
- Hamaker v. CoonsSupreme Court of Alabama · 1897
- Drinkard v. Embalmers Supply Co.Supreme Court of Alabama · 1943
- St. Louis & S. F. Ry. Co. v. DearbornCourt of Appeals for the Fifth Circuit · 1894
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