351 So. 2d 612 | Ala. Civ. App. | 1977
This is an appeal from a judgment in a detinue action.
This action was brought by appellee against appellant for possession of certain personal property. It was consolidated with other actions involving a real estate lease between the parties. No proof of alternate value of the property was made and neither the jury verdict nor the judgment for the plaintiff made an alternate value assessment. Appellant's motion for J.N.O.V. was overruled.
The issue is whether a judgment for the plaintiff in a detinue action may stand if the judgment fails to assess alternate value and the property is in the possession of the defendant.
Tit. 7, § 921 of the Code of Alabama (1940) (Recomp. 1958) requires the jury to assess the value of the property when they find for the plaintiff, and when they find for the defendant and the property is in the possession of the plaintiff. Judgment must be for the property, or its alternate value, with damages for detention to the time of trial. Although it is generally reversible error for a judgment to fail to assess alternate value, it may stand if there is no prejudice. Saulsv. Hand,
The case of Scott v. Howard,
REVERSED AND REMANDED.
BRADLEY and HOLMES, JJ., concur.