Caldwell v. Alma Gin & Milling Co.

Court of Appeals of Georgia

Caldwell v. Alma Gin & Milling Co.

107 S.E. 566, 27 Ga. App. 128, 1921 Ga. App. LEXIS 728

CourtCourt of Appeals of Georgia

DecidedJune 6, 1921

Docket12163

StatusPublished

Cited by2 cases

This text of 107 S.E. 566 (Caldwell v. Alma Gin & Milling Co.) is published on Counsel Stack Legal Research, covering Court of Appeals of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Caldwell v. Alma Gin & Milling Co., 107 S.E. 566, 27 Ga. App. 128, 1921 Ga. App. LEXIS 728 (Ga. Ct. App. 1921).

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Opinion

Hill, J.

(After stating the foregoing facts.) The petition is not so carefully drawn as to meet the niceties of pleadings. We are of the opinion, however, that it sufficiently set forth a cause of action to withstand a motion to dismiss. The Civil Code (1910), § 4481, declares that "The owner of personalty is entitled to the possession thereof. Any deprivation of such possession is a tort for which an action lies.” We think there are sufficient allegations in the petition to indicate the plaintiff’s ownership of the personalty involved, a conversion of the personalty by the defendants and a deprivation of the plaintiff’s right of possession, and consequent damage to the plaintiff.

Judgment reversed.

Jenkins, P. J., and Stephens, J., concur.

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Hill, J.

(After stating the foregoing facts.) The petition is not so carefully drawn as to meet the niceties of pleadings. We are of the opinion, however, that it sufficiently set forth a cause of action to withstand a motion to dismiss. The Civil Code (1910), § 4481, declares that "The owner of personalty is entitled to the possession thereof. Any deprivation of such possession is a tort for which an action lies.” We think there are sufficient allegations in the petition to indicate the plaintiff’s ownership of the personalty involved, a conversion of the personalty by the defendants and a deprivation of the plaintiff’s right of possession, and consequent damage to the plaintiff.

Judgment reversed.

Jenkins, P. J., and Stephens, J., concur.

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Bluebook (online)

107 S.E. 566, 27 Ga. App. 128, 1921 Ga. App. LEXIS 728, Counsel Stack Legal Research, https://law.counselstack.com/opinion/caldwell-v-alma-gin-milling-co-gactapp-1921.

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