Taylor v. Dwyer
| Decision Date | 05 February 1901 |
| Citation | 129 Ala. 325,29 So. 692 |
| Parties | TAYLOR v. DWYER. |
| Court | Alabama Supreme Court |
Appeal from city court of Montgomery; A. D. Sayre, Judge.
Action by Henrietta J. Dwyer against Frank G. Taylor. Judgment for plaintiff. Defendant appeals. Affirmed.
John G. Winter and Jack Thorington, for appellant.
De Yampert & Hausman, for appellee.
The action is trover. The complaint contains a single count, which is as follows: "The plaintiff claims of the defendant the sum of, to wit, twenty-five hundred dollars, in damages for the wrongful conversion by the defendant during, to wit, the years 1894 and 1895, of said amount of money intrusted to defendant by plaintiff as her agent." A judgment nil dicit was rendered, from which this appeal is prosecuted.
Whether the complaint states a substantial cause of action is practically the only question presented by the record for our consideration. The court is of the opinion, and accordingly holds, that after judgment nil dicit the complaint sufficiently states a cause of action that will support the judgment. Farrand v. Hurlburt, 7 Minn. 477 (Gil. 383); Kinaston v. Moor, Cro. Car. 89; 26 Am. & Eng. Enc. Law (1st Ed.) 766, and note. The judgment is affirmed.
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