Southern Cotton Oil Co. v. Harris
Supreme Court of Alabama
Appeal from Blount Circuit Court. Heard before Hon. J. T. Blackwood. Action by W. A. Harris against the Southern Cotton Oil Company and others. From a judgment for plaintiff, defendants appeal. The action ivas for wrongfully taking a stock of goods, wares, and merchandise of the plaintiff, located at the storehouse of the plaintiff at Gum Springs, in Blount county, Ala.
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Appeal from Blount Circuit Court. Heard before Hon. J. T. Blackwood. Action by W. A. Harris against the Southern Cotton Oil Company and others. From a judgment for plaintiff, defendants appeal. The action ivas for wrongfully taking a stock of goods, wares, and merchandise of the plaintiff, located at the storehouse of the plaintiff at Gum Springs, in Blount county, Ala. The following are the pleas discussed in the opinion: (3) “For further answer to said complaint the defendants say that on the 3d day of January, 1908, the defendant the Southern Cotton Oil company instituted suit in the…
1Opinion of the CourtSimpson, J.
This action is in trespass, by the appellee against the appellants, for wrongfully taking a stock of goods, wares, and merchandise.
Plea 3, besides being confusing in alleging that the “plaintiff” alleges the property to be the property of J. W. Batliffe, is subject to the grounds of demurrer that it does not déscribe the suit, etc., with sufficient certainty (not stating against whom the suit was), and fails to show that the writ of attachment was ever returned into court. — Olmstead v. Thompson, 91 Ala. 130, 8 South. 755; Daniel v. Hardwick, 88 Ala. 557, 7 South. 188; Womack v. Bird, 63 Ala.…
2Cases cited17 opinions
- Crawford v. KirkseySupreme Court of Alabama · 1876
- Spira v. Hornthall, Whitehead, Weissman & Co.Supreme Court of Alabama · 1884
- Mason v. VestalCalifornia Supreme Court · 1891
- Pollak v. SearcySupreme Court of Alabama · 1887
- Danner & Co. v. Brewer & Co.Supreme Court of Alabama · 1881
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3Cited by7 opinions
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- Birmingham Bottling Co. v. MorrisSupreme Court of Alabama · 1915
- Tankersley v. WebbSupreme Court of Alabama · 1955
- Jefferson v. Republic Iron & Steel Co.Supreme Court of Alabama · 1922
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