Lassiter v. State
Supreme Court of Alabama
Appeal from the Criminal Court of Pike. Tried before the PI on. William H. Parks. Upon a judgment confessed in the criminal court of Pike county, in the case of the State v. Andrew Carlisle, with J. D. Lassiter and J. J. Whitehead as sureties, an execution was issued from the said criminal court of Pike county and levied by the sheriff upon certain property, as the property of J. D. Lassiter, one of said sureties.
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Appeal from the Criminal Court of Pike. Tried before the PI on. William H. Parks. Upon a judgment confessed in the criminal court of Pike county, in the case of the State v. Andrew Carlisle, with J. D. Lassiter and J. J. Whitehead as sureties, an execution was issued from the said criminal court of Pike county and levied by the sheriff upon certain property, as the property of J. D. Lassiter, one of said sureties. Thereupon the appellant, Missouri Lassiter made an affidavit claiming the property so levied upon; and upon the execution of a claim bond, ¿claim suit was instituted, and issue was…
1Opinion of the CourtBrickell, C. J.
— This was the statutory proceeding known as a trial of the right of property, instituted by the appellant as claimant in the criminal court of tho county of Pike, to try the right to personal property upon which the sheriff had levied an execution issuing from that court. The proceeding is essentially a civil suit; it has all the form and substance of an ordinary civil action. It is instituted by the verified claim of a stranger to the process the sheriff levies, and the giving of the bond the statute prescribes. Then, the plaintiff in the process becomes the actor, and on him rests the…
2Cases cited1 opinion
- Rhodes & Broadfoot v. SmithSupreme Court of Alabama · 1880
3Cited by4 opinions
- Cofer v. ReinschmidtSupreme Court of Alabama · 1898
- Cheek v. VULCAN LIFE AND ACCIDENT INSURANCE CO.Court of Civil Appeals of Alabama · 1973
- Mrs. Vesta G. Johnston v. Calvin S. Byrd and Ray D. BridgesCourt of Appeals for the Fifth Circuit · 1965
- Mrs. Vesta G. Johnston v. Calvin S. Byrd and Ray D. BridgesCourt of Appeals for the Fifth Circuit · 1965