MONFEE v. SEYMORE

Civ. 2198.

392 So.2d 1198 (1980)

Clyde MONFEE v. Ray SEYMORE.

Court of Civil Appeals of Alabama.

Rehearing Denied January 14, 1981.


Attorney(s) appearing for the Case

W. Clarence Atkeison and Kenneth Shinbaum, Prattville, for appellant.

J. Myron Smith of Law Offices of Theron O. McDowell, Jr., Prattville, for appellee.


HOLMES, Judge.

The plaintiff, Monfee, sued the defendant to recover possession of six head of cattle. The defendant, Seymore, counterclaimed, alleging that plaintiff's cattle damaged his crops. A jury found in favor of defendant on the counterclaim and assessed damages at $1,300. Plaintiff's motion for a new trial was denied and plaintiff appeals.

The plaintiff presents three issues for review.

The first issue is whether the trial court erred in sustaining...

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