Dixie v. Harrison

Decided June 10, 1909

Supreme Court of Alabama · decided 1909-06-10

Heard before Hon. W. W. Quarles, Special Judge. Action by Josh Dixie against W. C. Harrison. From a judgment for defendant, plaintiff appeals. The special pleas are as follows: “(3) That the plaintiff voluntarily surrendered the mule, for which damage is now sought, to the defendant. (4) The plaintiff voluntarily surrendered possession of the mule for which damage is now sought to the defendant, or the agent of the defendant.

Good law ✅— No negative treatment on recordhow we know

Reversed and remanded · Decided 1909-06-10

How this case has been cited

Cited by 9 later decisions — most recently July 1983

1 federal appellate · 8 state decisions

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, C. J.

¶1I concur in the conclusion to a reversal of the judgment, but do not concur in all that is said in the opinion of Justice MAYFIELD. I place my concurrence upon the ground that on the undisputed evidence in the case the plaintiff was entitled to the general charge as requested under the count of the complaint in trover.

¶2I do not think that it can be said of pleas numbered 3, 4, 5, and 6 that either or any one of them is frivolous, prolix, or irrelevant,, and for that reason subject to motion to strike. — Code 1907, § 5322. That the pleas were bad to the complaint as a whole, though good as to some of the counts, was matter to be pointed out by demurrer, and not ground for motion to strike.

Simpson and McClellan, J J.,. concur in these views.