Ross v. Malone

• Court: Alabama Supreme Court
• Writing for the Court: McCLELLAN, J.
• Citation: Ross v. Malone, 12 So. 182, 97 Ala. 529 (Ala. 1893)
• Decision Date: 12 January 1893
• Parties: ROSS v. MALONE ET AL.

12 So. 182

97 Ala. 529

ROSS v. MALONE ET AL.

Supreme Court of Alabama

January 12, 1893

Appeal from circuit court, Pike county; John P. Hubbard, Judge.

Action by Malone & Son against C. E. Ross for the conversion of cotton. From a judgment for plaintiffs, defendant appeals. Reversed.

Gardner & Wiley, for appellant.

M. N Carlisle, for appellees.

McCLELLAN J.

This action is prosecuted by Malone & Son against Ross. The complaint is in the language following: "The plaintiffs claim of the defendant sixty dollars damages for the conversion by him, on the _____ day of December, 1886, of the following chattels: One bale of cotton, the property of plaintiffs." The trial was had on the general issue. Against defendant's objection, plaintiffs were allowed to prove, as items of damage, counsel fees and other expenses incurred and paid by them in the prosecution of an action of detinue for the recovery of the cotton in specie, which was pending when this suit was instituted, but had been determined in plaintiffs' favor before the trial of this cause. It is questionable whether these were proper items of damage in the abstract; but, in any event, they were not recoverable under this complaint. The bringing and prosecution of the suit in detinue was a natural consequence of defendant's conversion of plaintiff's...