(Download) "Opelika Production Credit Association v." by Supreme Court of Alabama " Book PDF Kindle ePub Free
eBook details
- Title: Opelika Production Credit Association v.
- Author : Supreme Court of Alabama
- Release Date : January 28, 1978
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 63 KB
Description
Samuel R. Lamb filed suit against Reckie R. Barela seeking possession of 68 cows, 2 angus bulls, the increase thereof, and
damages for the conversion of these animals. Opelika Production Credit Association (Opelika Credit) intervened in the action
claiming all of the cattle in Barela's care under a security agreement executed by Barela. The intervenor also claimed $74,582.28
due by open account from Lamb and Barela, jointly and severally, as well as money owed them by Barela separately on two promissory
notes. All parties to the action agreed to sell all of the cattle in Barela's possession and to deposit the proceeds with
the court for allocation between the parties following a final determination by the court. The trial court, at the close of Opelika Credit's case, directed a verdict in favor of Lamb and his wife. Barela failed
to appear to defend the action, and the trial court gave the affirmative charge in favor of Opelika Credit and against Barela.
The jury returned a verdict of $69,422.40 against Barela. The court ordered a division of the proceeds of the cattle sale,
totaling $8,400, awarding two-thirds to Lamb. Opelika Credit's motion for new trial against Lamb was denied and it appealed.
It urges that the trial court erred in directing a verdict on its claim against Lamb and in denying its motion for new trial.
We affirm.