Georgia Court of Appeals, 1921

Caldwell v. Alma Gin & Milling Co.

Caldwell v. Alma Gin & Milling Co.
Georgia Court of Appeals · Decided June 6, 1921 · Hill
27 Ga. App. 128; 107 S.E. 566; 1921 Ga. App. LEXIS 728

Caldwell v. Alma Gin & Milling Co.

Opinion of the Court

Hill, J.

(After stating the foregoing facts.) The petition is not so carefully drawn as to meet the niceties of pleadings. We are of the opinion, however, that it sufficiently set forth a cause of action to withstand a motion to dismiss. The Civil Code (1910), § 4481, declares that "The owner of personalty is entitled to the possession thereof. Any deprivation of such possession is a tort for which an action lies.” We think there are sufficient allegations in the petition to indicate the plaintiff’s ownership of the personalty involved, a conversion of the personalty by the defendants and a deprivation of the plaintiff’s right of possession, and consequent damage to the plaintiff.

Judgment reversed.

Jenkins, P. J., and Stephens, J., concur.

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