Deas v. Garrett & Mason
Alabama Court of Appeals
Appeal from Circuit Court, Clarke County; Ben D. Turner, Judge. Detinue by Garrett & Mason, as partners, doing business under the firm name of Garrett & Mason, against James S. Deas. Judgment for plaintiff, and defendant appeals.
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Appeal from Circuit Court, Clarke County; Ben D. Turner, Judge. Detinue by Garrett & Mason, as partners, doing business under the firm name of Garrett & Mason, against James S. Deas. Judgment for plaintiff, and defendant appeals. The verdict of the jury as disclosed by the judgment is as follows: We, the jury, find for plaintiff for the property sued for, and fix its alternate value as follows: One white cow with red head, $30; one calf, $10; one calf, $7. The judgment then concludes: It is therefore ordered and adjudged by the court that plaintiffs have judgment against defendant, and the…
1Opinion of the CourtBrown, P. J.
[1] The verdict of the jury as incorporated in the judgment of the court is in proper form, assessing separately the alternate value of each article of property sued for, and the failure of the judgment to follow the verdict in respect to the ascertainment of the alternate value separately of each of the articles of property is an error which may be corrected from the data afforded by the record, and this will be done. Code 1907, § 2890; Jean v. Sandiford, 39 Ala. 317; Kyle v. Caravello, 103 Ala. 150, 15 South. 527; Reynolds v. Cox, 108 Ala. 276, 19 South. 395.
[2] The appeal bond to the…
2Cases cited3 opinions
- Jean v. SandifordSupreme Court of Alabama · 1864
- Kyle v. CaravelloSupreme Court of Alabama · 1893
- Reynolds v. CoxSupreme Court of Alabama · 1895
3Cited by9 opinions
- Haden v. Lee's Mobile Homes, Inc.Alabama Court of Appeals · 1961
- Alverson v. FloydSupreme Court of Alabama · 1929
- Owensboro Wagon Co. v. Benton Mercantile Co.Supreme Court of Alabama · 1920
- Dewrell v. OdomSupreme Court of Alabama · 1950
- Dewrell v. OdomAlabama Court of Appeals · 1949
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