Thorn v. Kemp
Supreme Court of Alabama
Appeal from Butler Circuit Court. Tried before the Hon. John P. Hubbaed. This action was brought by Samuel Parker and A. A. Kemp against Samuel A. Brunson, a constable, and the sureties on his official bond, and was commenced on the 20th of March, 1889. The complaint alleged that said Brunson was a constable for Beat No. 14, of Butler county, that on the 29th of January, 1889, one W. E. Larkin, as the assignee of Joseph Touart, brought an action of detinue before JohnE.
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Appeal from Butler Circuit Court. Tried before the Hon. John P. Hubbaed. This action was brought by Samuel Parker and A. A. Kemp against Samuel A. Brunson, a constable, and the sureties on his official bond, and was commenced on the 20th of March, 1889. The complaint alleged that said Brunson was a constable for Beat No. 14, of Butler county, that on the 29th of January, 1889, one W. E. Larkin, as the assignee of Joseph Touart, brought an action of detinue before JohnE. Stoll, a justice of the peace of Beat 14, against the said Samuel Parker and A. A. Kemp, and having made affidavit and given…
1Opinion of the CourtHaralson, J.
1. Tbe objection to tbe introduction of tbe official bond of tbe constable, Samuel A. Bronson, was withdrawn by tbe defendant, as tbe record shows, and it was read without objection. After this, an assignment of error can not be predicated on its introduction.
2. Tbe affidavit, tbe detinue bond and tbe summons and complaint in the justice’s court, were competent evidence for tbe plaintiff, as their proof tended to establish the allegations of tbe complaint, and if not objectionable on other grounds, were properly allowed to be read.
Tbe objection to tbe affidavit and bond on tbe ground that…
2Cases cited10 opinions
- Street v. SinclairSupreme Court of Alabama · 1881
- Ex parte HurnSupreme Court of Alabama · 1890
- Marks v. Robinson & LedyardSupreme Court of Alabama · 1886
- Wilson v. StrobachSupreme Court of Alabama · 1877
- Draper v. WalkerSupreme Court of Alabama · 1893
5 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Christiansen v. HallSupreme Court of Alabama · 1990
- Moulton v. StateAlabama Court of Appeals · 1923
- Sullivan v. MillerSupreme Court of Alabama · 1932
- Ayers v. StateCourt of Criminal Appeals of Alabama · 1972
- Hall v. StateSupreme Court of Alabama · 1902
6 more not listed; retrieve them via the Exa API.