50 So. 906 | Ala. | 1909
The complaint as originally filed contained a single count in trover, in code form, for the conversion of a specified amount of lumber. It was subsequently amended by adding a second count, in code form, for the conversion of a certain number of pine logs. The general issue was pleaded, and on this plea the case was tried.
It has been firmly settled in this court that in the action of trover there must be a concurrence of the right of property, general or special, and of possession, or the immediate right of possession, in the plaintiff at the
The statement.or memorandum, identified-as having been drawn up by the witness Loranz. and delivered tc the plaintiffs by Aldridge, and which was submitted in ■evidence against the objection of the defendant, was material only as a statement that the number of pine, logs mentioned was cut from the particular land. On its
The court also erred in admitting evidence as to the contents of the letter claimed to have been received by the witness Dunn from the president of the defendant corporation. Conceding that a sufficient predicate of loss was shoAvn, there was no proof of the genuineness of the letter. Before the letter itself, if relevant and material, Avould be competent, its genuineness would, have to be shown.
The rule as to the measure of damages was laid down on the former appeal. — 151 Ala. 440, 44 South. 533.
It is not necessary to treat other assignments predicated upon charges given and refused. The .errors indicated, and Avhat we have said in reference thereto, will prove a sufficient guide upon another trial.
Beversed and remanded.