75 Ala. 505
Decided December 15, 1883
Supreme Court of Alabama · decided 1883-12-15
Tried before Hon. S. IT. Spbott. This was an action under the statute for the recovery of designated articles of personal property in specie, brought by the appellees against the appellants, and was commenced on 22nd November, 1882.
Relies on Bell v. Pharr
Good law ✅— No negative treatment on recordhow we know
Decided 1883-12-15
Cited by 3 later decisions — most recently March 1927
3 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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¶1In an action for the “ recovery of personal property in specie" which corresponds to the common-law action of detinue, a judgment by default in favor of the plaintiff is erroneous, if the verdict of the jury does not ascertain the alternate value of the chattels.—Code of 1876, § 2944 ; Cummings v. Tindall, 4 St. & Port. 357; Bell v. Pharr, 7 Ala. 807.
¶2Reversed and remanded.