Rawles v. James
Supreme Court of Alabama
Appeal from the Circuit Court of Perry. Tried before the Hon. M. J. Sake old. This action was brought by David L. James, an infant, who sued by his next friend, A. J. James, a-gainst E. S. Rawles, to recover a mule, with damages for its detention, and was commenced in a Justice’s Court.
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Appeal from the Circuit Court of Perry. Tried before the Hon. M. J. Sake old. This action was brought by David L. James, an infant, who sued by his next friend, A. J. James, a-gainst E. S. Rawles, to recover a mule, with damages for its detention, and was commenced in a Justice’s Court. Judgment was rendered by the justice in favor of the plaintiff, and the case was then removed by the defendant by appeal, into the Circuit Court, where it was tried “ on the plea of the general issue; ” and the jury having returned a verdict for the plaintiff, assessing the value of the mule at fifty-five…
1Opinion of the CourtB. F. Saffold, J.
— 1. The court erred in admitting evidence of the general reputation as to the ownership of the mule in the neighborhood where the plaintiff resided in proof of the plaintiff’s title. Whitsett, Garner & Co. v. Slater, 23 Ala. 626; McCoy v. Odom, 20 Ala. 502; Benje v. Creagh’s administrator, 21 Ala. 151.
2. A person’s own declarations, that he holds property in his possession as that of his child, are admissible in evidence. But not so as' to the source of title. Benje v. Creagh’s administrator, supra; Brickell’s Dig. p. 843, 844.
3. Proof of the market value of property is competent, in…
2Cases cited4 opinions
- Ward v. ReynoldsSupreme Court of Alabama · 1858
- Benje v. Creagh's Adm'rSupreme Court of Alabama · 1852
- Whitsett, Garner & Co. v. SlaterSupreme Court of Alabama · 1853
- McCoy v. OdomSupreme Court of Alabama · 1852
3Cited by4 opinions
- East Tenn., Va. & Ga. Railroad v. WatsonSupreme Court of Alabama · 1890
- American Oak Extract Co. v. RyanSupreme Court of Alabama · 1895
- Ray v. JacksonSupreme Court of Alabama · 1890
- Newsome v. Louisville N.R. Co.Alabama Court of Appeals · 1924