Williams v. Hampton

Citations

• 57 Fla. 272

Syllabus

<p>1. The plea of not guilty to a declaration'in an action brought to recover the possession of personal property alleged to be wrongfully detained only puts in issue the right’ of the plaintiff to the possession, and the wrongful detention thereof when the taking thereof is not alleged to be wrongful; and when it is sliown that the property was originally put into the possession of the defendant by the plaintiff under a written conditional, sale, it is not competent for the defendant under that plea to show that at the time of the sale sundry promises and agreements were made by the plaintiff, not contained in the written contract.</p> <p>2. Under section 2171 General Statutes of 1906, the action of replevin lies for the wrongful detention of goods and chattels.</p> <p>3. Where in an action to recover the possession of goods and chattels it is alleged in the declaration that the property was detained in Taylor county, and there is no plea denying that fact, and no evidence showing it was not detained in that county, an assignment of. error based on the absence of affirmative nroof of that fact can not be sustained. ^</p> <p>4. In an action to recover the possession of goods and chattels, it is not necessary for the plaintiff to^prove a demand for the prop • erty before suit, where it appears from the plea and evidence of the defendant that he claimed the ownership of the property, especially when no such defense is made by plea.</p> <p>5. Where in an action to recover the possession of personal property no special claim is made in the declaration for attorneys'’ fees, but the written conditional sale under which the defendant received possession of the property and agreed to pay therefor, contains a promise by the defendant to pay attorneys’ fees, and no objection was made by the defendant at the trial to the proof of reasonable attorneys’ fees, an assignment based on the admission of such proof will not be sustained.</p> <p>6. In an action for the wrongful detenti