McCarty v. Roswald & Co.
Supreme Court of Alabama
Appeal from the City Court of Montgomery. Tried before the Hon. Thomas M. Arrington . This was an action on the case, brought by the appellant against the appellees. The facts of the case are sufficiently stated in the opinion. Upon the introduction of all the evidence, the- court at the request of the defendants gave the general affirmative charge in their favor, to the giving of which the plaintiff duly excepted.
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Appeal from the City Court of Montgomery. Tried before the Hon. Thomas M. Arrington . This was an action on the case, brought by the appellant against the appellees. The facts of the case are sufficiently stated in the opinion. Upon the introduction of all the evidence, the- court at the request of the defendants gave the general affirmative charge in their favor, to the giving of which the plaintiff duly excepted. Upon judgment being rendered for the defendants, the plaintiff appeals, and assigns as error the giving of the general affirmative charge in behalf of the defendant. For two…
1Opinion of the CourtHaralson, J.
The complaint, being in case, after stating facts to show that plaintiff had a landlord’s lien on the two bales of cotton, the subject of this suit, alleged that “defendants having notice of said lien, obtained and receiyed the said cotton, without the consent of the plaintiff, and removed and converted the same, so that plaintiff can not enforce his lien thereon.”
We have but recently reiterated, what had been previously decided, that any person who knowingly, by purchase or otherwise, deprives the landlord of the opportunity of enforcing his lion on a crop, is guilty of a tort, and is liable…
2Cases cited1 opinion
- Ehrman v. OatsSupreme Court of Alabama · 1893
3Cited by7 opinions
- Clark v. Johnson & LattimerAlabama Court of Appeals · 1913
- Armstrong v. BlackwoodSupreme Court of Alabama · 1933
- Bank of Mobile, N. B. A. v. SmithAlabama Court of Appeals · 1919
- Kelly v. CookAlabama Court of Appeals · 1916
- Scarbrough v. RowanSupreme Court of Alabama · 1899
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