Legal Opinion

Walker v. State

Supreme Court of Alabama

Decided November 15, 1889PublishedCited by 4 opinions

From: the Criminal Court of Pike. Tried before Hon. ¥k. H. Parks. This prosecution was commenced on the 12th December, 1889, by an affidavit, or complaint on oath, made by Dennis Ramsey, before Lucius Reeves, a justice of the peace of said county, charging that William Walker “unlawfully or wantonly kill one cow, the personal property of Dennis Ramsey, of the value of $20.” The justice thereupon issued his warrant for the arrest of said Walker, “to answer a charge of…

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From: the Criminal Court of Pike. Tried before Hon. ¥k. H. Parks. This prosecution was commenced on the 12th December, 1889, by an affidavit, or complaint on oath, made by Dennis Ramsey, before Lucius Reeves, a justice of the peace of said county, charging that William Walker “unlawfully or wantonly kill one cow, the personal property of Dennis Ramsey, of the value of $20.” The justice thereupon issued his warrant for the arrest of said Walker, “to answer a charge of unlawfully or wantonly killing a cow, the personal property of Dennis Ramsey,” &c.; and made it returnable before the next…

1Opinion of the CourtStone, C. J.

There is nothing in the objection, that the warrant was issued by a justice of the peace, returnable to the Criminal Court. The statute expressly provides for it. — -Act to establish a criminal court of Pike county, approved February 25, 1889; Sess. Acts, 631, §3; Code of 1886, § 4204. Nor is there any thing in the objection, that the affidavit employs the present, instead of the past tense, in describing the killing. The meaning can not be misunderstood.

As against all the world, except the mortgagee and his privies, the mortgagor is treated as the owner of mortgaged property. — 3 Brick. Dig.…

2Cases cited1 opinion

  1. Commercial Fire Insurance v. Capital City InsuranceSupreme Court of Alabama · 1886

3Cited by4 opinions

  1. Harden v. StateSupreme Court of Alabama · 1895
  2. Red v. StateSupreme Court of Alabama · 1910
  3. Ahlrichs v. RolloSupreme Court of Alabama · 1917
  4. Reeves v. StateSupreme Court of Alabama · 1897

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