Supreme Court of Alabama, 1909

Jernigan v. Willoughby

Supreme Court of Alabama · Decided February 11, 1909 · Anderson, Dowdell, Mayfield, McClellan

159 Ala. 650; 48 So. 812; 1909 Ala. LEXIS 677

Cases that cite this one

8 later published cases cite this decision.

Carroll v. Blackburn (Ala. Ct. App. 1915)
Pocahontas Graphite Co. v. Minerals Separation North American Corp. (Ala. 1926)
Crews v. Parish (Ala. Ct. App. 1925)
Killian v. Taylor (Ala. Ct. App. 1925)
Gwin v. Emerald Co. (Ala. 1918)
Starr Piano Co. v. Baker (Ala. Ct. App. 1913)
Kirkland v. Pilcher (Ala. 1911)
Hines v. Tribble (Ala. Ct. App. 1911)

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

ANDERSON, J.

In an action of detinue, the statute (section 3781, Code 1907,) requires that the value of each article of the property sued for should *652be assessed by the jury separately, if practicable, and that judgment against either party must be for the property sued for or its alternate value, etc. The judgement entry fails to recite or show a compliance with the law, as the value of the property was not assessed, nor is there any judgment for the alternate velue. — Witticks v. Keiffer, 31 Ala. 199; Lassiter v. Thompson, 85 Ala. 223, 6 South. 33; Warehouse Co. v. Johnson, 85 Ala. 178, 4 South. 643.

The judgment of the circuit court is reversed, and the cause is remanded.

Reversed and remanded.

Dowdell, C. J., and McClellan and Mayfield, JJ., concur.

Case-law data current through September 30, 2026. Source: CourtListener bulk data.