Opinion

Deas v. Garrett & Mason

  • 16 Ala. App. 572
  • 80 So. 146
  • 1918 Ala. App. LEXIS 248
Court
Alabama Court of Appeals
Filed
Nov 19, 1918
Status
Published
Author
Brown
On the bench
Brown
Cited by
7 cases
Authority
More cited than 76.3%

The opinion

BROWN, P. J.

[1]

The verdict of the jury as incorporated in the judgment of the court is in proper form, assessing separately the alternate value of each article of property sued for, and the failure of the judgment to follow the verdict in respect to the ascertainment of the alternate value separately of each of the articles of property is an error which may be corrected from the data afforded by the record, and this will be done. Code 1907, § 2890; Jean v. Sandiford, 39 Ala. 317 ; Kyle v. Caravello, 103 Ala. 150 , 15 South. 527 ; Reynolds v. Cox, 108 Ala. 276 , 19 South. 395 .

[2]

The appeal bond to the justice court is conditioned substantially in compliance with the statute, and authorizes the rendition of the judgment against the sureties thereon. The judgment will be corrected so as to assess separately the value of each article of property sued for, and recovered by the plaintiff, and as corrected will be affirmed.

Judgment corrected and affirmed.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.