Davis v. Reid Lumber Co.
Supreme Court of Alabama
Appeal from Circuit Court, Hale County; B. M. Miller, Judge. Detinue by the Reid Lumber Company against C. M. Davis. Judgment for plaintiff, and the defendant appeals. Transferred from Court of Appeals, under section 6, p. 449, Acts 1911. Action was in Code form for certain appurtenance connected with the sawmilling outfit.
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Appeal from Circuit Court, Hale County; B. M. Miller, Judge. Detinue by the Reid Lumber Company against C. M. Davis. Judgment for plaintiff, and the defendant appeals. Transferred from Court of Appeals, under section 6, p. 449, Acts 1911. Action was in Code form for certain appurtenance connected with the sawmilling outfit. Complaint was filed October 9, 1917, and claimed damages for the value of the hire and use of said machinery from October 8, 1917. The defendant pleaded not guilty and set up the amount due under the mortgage debt, at the same time denying that there was any balance due;…
1Opinion of the Court
ANDERSON, O. J.
[1, 2] The complaint was under Code form and was not subject to defendant’s demurrer. It is true that, when the plaintiff attempts to recover in detinue for the use or hire of property for a period anterior to the service of the writ, the original possession by the defendant being rightful, a special demand is necessary. Rust v. Electric Co., 131 Ala. 484, 31 South. 486. But this question should be raised by objections and charges and not by demurrer to a count which is in Code form. Daniel v. Jordan, 146 Ala. 230, 40 South. 940. Moreover, the complaint .in the instant case…
2Cases cited9 opinions
- Formby v. WilliamsSupreme Court of Alabama · 1919
- Corley v. VizardSupreme Court of Alabama · 1919
- Miller v. HamptonSupreme Court of Alabama · 1861
- Burns & Co. v. Moore & McGeeSupreme Court of Alabama · 1884
- Robbins v. WebbSupreme Court of Alabama · 1880
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