Translate
Text Highlighter

Bookmark

PDF

Share

Report a problem
AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges

SMITH v. BAILEY.

SAYRE, J.

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

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.

Reversed and remanded.

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

Use AI to get other relevant cases.

Comments

SMITH v. BAILEY
(Nov 5, 1925)