Alabama Court of Appeals, 1925

Traywick v. Traywick

Alabama Court of Appeals · Decided May 19, 1925 · Bricken

104 So. 445; 20 Ala. App. 609; 1925 Ala. App. LEXIS 118 (Southern Reporter)

Counsel

Reynolds Reynolds, of Clanton, for appellant. The property sued for is insufficiently described, and the complaint will not support a judgment. David v. David's Adm'r, 66 Ala. 148 ; Hooper v. Dorsey, 5 Ala. App. 463 , 58 So. 951 ; Thompson v. Pearce's Adm'r, 49 Ala. 210 . The judgment fails to show issue joined on any plea, or that any plea was filed. Denham v. Yancey, 19 Ala. App. 45 , 95 So. 201 ; Craddock v. Walden, 184 Ala. 58 , 63 So. 534 . As to the verdict, see Code 1923, § 7392; Green v. Lewis, 85 Ala. 221 , 4 So. 740 , 7 Am. St. Rep. 42. Thos. A. Curry, of Clanton, for appellee. Brief of counsel did not reach the Reporter.

Opinion of the Court

BRICKEN, P. J.

The brief filed by appellant informs ns that appellant and appellee are husband and wife, and that they have been married more than 30 years; that a separation occurred, and the wife brought this suit in detinue against appellant for the household and kitchen furniture and chickens described in the complaint. A jury found for the wife.

The verdict of the jury and the judgment thereon sufficiently describes the property, and fixes its alternate value. The parties being present by attorney, this court will presume that issue was joined on a plea of the general issue, where the record fails to show the filing of a plea.

The description of the property in the complaint was sufficient. The demurrer thereto was properly overruled. Nelson v. Howison, 122 Ala. 573, 25 So. 211.

There is no error in the record. The judgment appealed from will stand affirmed.

Affirmed.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.