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129 Ala. 325

Taylor v. Dwyer

Supreme Court of Alabama

Decided November 15, 1900

Supreme Court of Alabama · decided 1900-11-15

Tried before the lion. A. D. Sayre. This was an action in trover brought by the appellee, Henrietta, J. Dwyer, against the appellant, Prank C. Taylor. The appeal is from a judgment ml dicit in favor of the plaintiff.

Relies on Farrand v. Hurlbut

Good law ✅— No negative treatment on recordhow we know

Decided 1900-11-15

How this case has been cited

Cited by 4 later decisions — most recently December 2004

4 state decisions

2019001910192019301940195019601970198019902000decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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DOWDELL, J.

¶1The action is trover. The complaint contains a single count, which is as follows: “The plaintiff claims of the defendant the sum of to-wit: twenty-five hundred dollars in damages for the wrongful conversion by the defendant during to-wit: the years 1894 and 1895 of said amount of money entrusted to defendant by plaintiff as her agent.” A judgment ml elicit was rendered, from which this appeal is prosecuted.

¶2Whether the complaint states a substantial cause of action is practically the only question presented by the record for our consideration. The court is of the opinion and accordingly holds that after judgment nil dicit, the complaint sufficiently states a cause of action that will support the judgment.—Farrand v. Hurlburt, 7 Minn. 477; Kiniston v. Moore, Cro. Car. 89; 26 Am. & Eng. Ency. Law (1st ed.) 766 and note.

¶3The judgment is affirmed.

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