Baker v. Cotney
Supreme Court of Alabama
Appeal from Tallapoosa Circuit Court. Heard before. Hou. H. L. Brewer. Action by S. M. Cotney against I). W. Baker. From a judgment for plaintiff, defendant appeals.
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Appeal from Tallapoosa Circuit Court. Heard before. Hou. H. L. Brewer. Action by S. M. Cotney against I). W. Baker. From a judgment for plaintiff, defendant appeals. Tbe nature of tbe case and tbe facts necessary to an understanding of tbe opinion of the court sufficiently appear therein, with tbe exception of certain assignments of error, numbered- as follows: “(3)- The-court erred in sustaining plaintiffs objection to the following-question propounded to B. N. Cotney on cross-examination by the defendant: ‘What part of the hay was customary for cutting and saving hay in that community?’ (4)…
1Opinion of the Court
SIMPSON, J.-
This suit Avas brought by the appellee (plaintiff) against the appellant (defendant) ; the complaint containing three counts, but the third one being the only one necessary to consider, under the ruling of this -court on the former appeal.-—Baker v. Cotney, 142 Ala. 566, 38 South. 131. The third count is in “case,” and claims |375 damages for the removal and conversion to ‘his oavu use by the defendant of certain cotton seed, fodder, and hay, on which the plaintiff had a lien for rent and advances due by D. N, L. P. and J. J. Cotney, his tenants; said crops having been produced on…
2Cases cited1 opinion
- Baker v. CotneySupreme Court of Alabama · 1904