Porch v. Lewis
Alabama Court of Appeals
Appeal from Tallapoosa Circuit Court. Heard before Hon. S. L. Brewer. Trover by S. N. Porch against E. A. Lewis and others for the conversion of a bale of cotton claimed by plaintiff under a mortgage executed to him by Lewis, and alleged to have been sold by Lewis to the other named defendants. Judgment for defendants and plaintiff appeals.
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Appeal from Tallapoosa Circuit Court. Heard before Hon. S. L. Brewer. Trover by S. N. Porch against E. A. Lewis and others for the conversion of a bale of cotton claimed by plaintiff under a mortgage executed to him by Lewis, and alleged to have been sold by Lewis to the other named defendants. Judgment for defendants and plaintiff appeals. It is elementary that the affirmative charge should not be given where reasonable inferences different in effect may be drawn from the evidence. — O ole v. Propst, 119 Ala. 99. Under the evidence in this case, prima facie Lewis was the grower of the…
1Opinion of the CourtPelitam, J.
The trial court at the request of the defendant in writing gave the general affirmative charge, and the appellant (plaintiff below) assigns as error the giving of this charge, and insists that there were, facts affording sufficient inferences before the court on the trial, from which the jury could reasonably find the issues in favor of the plaintiff, and that the court’s action in refusing to submit the case to the jury was unauthorized.
The suit is in trover and case for the conversion of a bale of cotton, and there is no controversy over the facts showing the plaintiff’s right to recover,…
2Cases cited2 opinions
- Peoples Savings Bank & Trust Co. v. Huttig Manufacturing Co.Alabama Court of Appeals · 1911
- Traders National Bank v. Huttig Manufacturing Co.Alabama Court of Appeals · 1911
3Cited by2 opinions
- James v. StateAlabama Court of Appeals · 1913
- Huntsville Production Credit Ass'n v. RidgewayAlabama Court of Appeals · 1956