97 Ala. 529 | Ala. | 1892
— This action is prosecuted by Malone & Son against Boss. 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,
For the error in admitting it, the judgement must be reversed, and the cause remanded.
Reversed and remanded.