Public-domain · open source
OpenJurist

163 Ala. 278

Maddox v. Dunklin

Supreme Court of Alabama

Decided May 13, 1909

Supreme Court of Alabama · decided 1909-05-13

Clair Circuit Court. Heard, before Hon. A. H. Alston. Action by S. J. Dunklin against W. N. Maddox, individually and as surviving partner of Wait & Maddox. From a judgment for plaintiff, defendant appeals. The evidence tended to show that the mules, together with others, had been mortgaged by W. M. Cochran and by Cochran & Webb to J. C. Street.

Relies on Wadsworth v. Williams · Evansville, Paducah & Tennessee River Packet Co. v. Slater · Western Railway v. Williamson

Good law ✅— No negative treatment on recordhow we know

Affirmed · Decided 1909-05-13

How this case has been cited

Cited by 9 later decisions — most recently August 1984

9 state decisions

20190919101920193019401950196019701980decided

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.

View the full empirical analysis of this case →

SIMPSON, J.

¶1This is a.n action by the appellee against the appellant for the conversion of Uvo mules. The court, on the written request of the plaintiff, gave the general affirmative charge in favor of said plaintiff. The bill of exceptions does not state that it contains all *281of the evidence/, and there is internal evidence that it does ■ not contain all. This court has frequently ■ held that, unless the bill of exceptions shows that it contains all of the evidence, the court will' presume that there was evidence justifying the trial court in giving the general charge.—Wardsworth v. Williams, 101 Ala. 264, 13 South. 755; Evansville, etc., Co. v. Slater, 101 Ala. 245, 15 South. 241; Western Ry. v. Williams, 114 Ala. 145, 21 South. 827.

¶2There was no error in the giving of charge No. 4, as to the measure of damages.—McLester v. Somerville & McEachin, 54 Ala. 670.

¶3There was no error in the admission of the mortgages to Street, as the evidence tended to show that the mortgage under which the plaintiff: claimed was given in renewal of them; nor was there any other error in the admission or the exclusion of evidence.

¶4The judgment of the court is affirmed.

Dowdell, G. J. and Mayfield and Sayre, JJ., concur.
/163/ala/278 · .json · Public domain