Averett v. Milner
Averett v. Milner
75 Ala. 505
Cases that cite this one
3 later published cases cite this decision.
- Scott v. Howard (Ala. 1927)
- Gwin v. Emerald Co. (Ala. 1918)
- Hensley v. Orendorff (Ala. 1907)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
In 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.
Reversed and remanded.
Case-law data current through September 30, 2026. Source: CourtListener bulk data.