Atkinson v. Jones
Supreme Court of Alabama
Appeal from the Circuit Court of Wilcox. Tried before the Hon. John- Mooes. This action was brought by R. W. Atkinson, against D. P. Jones, to recover a mule named John, of the alleged value of $60, with the value of the hire or use thereof during the defendant’s detention; and was commenced on the 19th May, 1879. On the first trial of the cause, the plaintiff had a verdict and judgment; but the judgment was reversed by this court, and the cause was remanded. — Jones v.…
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Appeal from the Circuit Court of Wilcox. Tried before the Hon. John- Mooes. This action was brought by R. W. Atkinson, against D. P. Jones, to recover a mule named John, of the alleged value of $60, with the value of the hire or use thereof during the defendant’s detention; and was commenced on the 19th May, 1879. On the first trial of the cause, the plaintiff had a verdict and judgment; but the judgment was reversed by this court, and the cause was remanded. — Jones v. Athinson, 68 Ala. 167. After the reversal, a second trial was had on issue joined, as before, on the plea of non detvnet;…
1Opinion of the Court
BBICKELL,-O. J.
The only assignments of error in the present record are based on three charges, given bty the court at the request of the defendant. The first and second of these charges present substantially the same question; and that question was directly passed on by this court when this cause was before us at a former term, and was then decided adversely to the plaintiff.—Jones v. Atkinson, 68 Ala. 167. We are satisfied that the conclusion then reached is correct; and we, therefore, hold that the Circuit Court did not err in giving these charges.
2. As a fact tending to show that the…
2Cases cited2 opinions
- Nelson v. BondurantSupreme Court of Alabama · 1855
- Jones v. AtkinsonSupreme Court of Alabama · 1880
3Cited by2 opinions
- Heflin v. SlaySupreme Court of Alabama · 1884
- Gwin v. Emerald Co.Supreme Court of Alabama · 1918