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214 Ala. 4

106 So 239

Smith v. Bailey

Supreme Court of Alabama

Decided November 5, 1925

Supreme Court of Alabama · decided 1925-11-05

Relies on Watson v. State · Mack v. DeBardeleben Coal & Iron Co. · Jones v. Davis

Good law ✅— No negative treatment on recordhow we know

Decided 1925-11-05

How this case has been cited

Cited by 20 later decisions — most recently April 1970

1 federal appellate · 19 state decisions

80192519301940195019601970decided

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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SAYRE, J.

¶1 Statutory action of detinue for an automobile by appellant against appellee.

¶2 Plaintiff had owned the automobile. Defendant’s case was that plaintiff had sold the machine to his (plaintiff’s) son; that in an action against the son, brought and tried before a justice of the peace, judgment had been rendered for Maxwell, the plaintiff in that case; that execution had been levied on the machine; and that he (defendant) had purchased at a sale thereunder. It was competent for defendant to show title in this way; but defendant was, over apt and timely objections, allowed to adduce parol evidence of the judgment and proceedings in the justice’s court, and these rulings were error for which- the judgment must be reversed. Jones v. Davis, 2 Ala. 730; Ware v. Roberson, 18 Ala. 108; Watson v. State, 63 Ala. 22; Roach v. Privett, 90 Ala. 396, 7 So. 808, 24 Am. St. Rep. 819; Code, § 8722.

¶3 Reversed and remanded.

ANDERSON, O. J., and GARDNER and MILLER, JJ., concur.
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