Willoughby v. Jernigan
Alabama Court of Appeals
Appeal from Houston Circuit Court. Heard before Hon. H. A. Pearce. Detinue by Sidney Willoughby against J. B. Jernigan and others, in which plaintiff recovered certain cumbersome and heavy machinery. On a tender of the property as set out in the opinion, plaintiff refused to receive it, and had the forthcoming bond marked forfeited, whereupon, defendants filed a petition to supersede the execution of the order and from a judgment superseding,, the original plaintiff appeals.
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Appeal from Houston Circuit Court. Heard before Hon. H. A. Pearce. Detinue by Sidney Willoughby against J. B. Jernigan and others, in which plaintiff recovered certain cumbersome and heavy machinery. On a tender of the property as set out in the opinion, plaintiff refused to receive it, and had the forthcoming bond marked forfeited, whereupon, defendants filed a petition to supersede the execution of the order and from a judgment superseding,, the original plaintiff appeals. The following charges Avere excepted to: The affirmative Charge. The folioAving portion of the oral charge:“Where…
1Opinion of the CourtPelham, J.
An action of detinue was brought in the circuit court against one of the appellees, J. B. Jernigan, by the appellant for the recovery of the machinery involved in the present suit. The property was seized by the sheriff under the writ, and Jernigan gave a forthcoming bond, with the other two appellees, M. L. Long and L. E. McDaniel, as sureties. On the trial of the detinue suit a judgment was recovered by the appellant against Jernigan for the property, and the value of the property was found and assessed. After the rendition of this judgment the forthcoming bond was returned forfeited by the…
2Cases cited4 opinions
- Roehm v. HorstSupreme Court of the United States · 1900
- Southern Cotton-Oil Co. v. HeflinCourt of Appeals for the Fifth Circuit · 1900
- Scruggs & Echols v. RiddleSupreme Court of Alabama · 1910
- Smith Bros. v. Wheeler & SimmonsOregon Supreme Court · 1879
3Cited by3 opinions
- Wheeler v. Krohn, Fechheimer & Co.Alabama Court of Appeals · 1913
- Carmack v. McKinneyAlabama Court of Appeals · 1913
- Giles v. WilkinsSupreme Court of Alabama · 1955