Mecklin v. Deming
Supreme Court of Alabama
Appeal from the Circuit Court of Conecuh. Tried before the Hou. John R. Tyson. This action was brought on September 15, 1894, by the appellant, Mrs. G. A. Mecklin, against the appellees, C. P. Deming and Dumas, Waters &'Co. The complaint contained two counts, which were as follows: 1. “The plaintiff claims of the defendants one hundred and fifty dollars damages for the conversion by them on or about the 10th day of November, 1893, of the following chattels, towit: three…
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Appeal from the Circuit Court of Conecuh. Tried before the Hou. John R. Tyson. This action was brought on September 15, 1894, by the appellant, Mrs. G. A. Mecklin, against the appellees, C. P. Deming and Dumas, Waters &'Co. The complaint contained two counts, which were as follows: 1. “The plaintiff claims of the defendants one hundred and fifty dollars damages for the conversion by them on or about the 10th day of November, 1893, of the following chattels, towit: three bales of lint cotton, the property of the plaintiff. 2. “The plaintiff claims of the defendants one hundred and fifty…
1Opinion of the CourtMcCLELLAN, J.
The actions of trover and trespass proceed upon different rights and grounds, are open to different and dissimilar defenses, and the measure of damages under each is not the same. They, therefore, can not be joined in one complaint. — Cooper v. Bissell, 16 Johns. (N. Y.) 146.
It was within the discretion of the trial court to entertain a demurrer to the complaint for misjoinder of causes of action after plea filed. Besides no objection to this course was made at the time, nor at all in the court below.
The facts bearing upon the question of priority as between the mortgage lien of Doming and…
2Cited by8 opinions
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- Shows v. BrantleySupreme Court of Alabama · 1899
- Brown v. J. I. Case Plow WorksCourt of Appeals of Kansas · 1900
- Herzfeld v. HayneSupreme Court of Alabama · 1917
- McLellan v. Roberson & SonSupreme Court of Alabama · 1911
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