Grisham v. Bodman
Supreme Court of Alabama
Appeal from the Circuit Court of Colbert. Tried before the Hon. Thomas B. Boulhac. This was an action of trespass brought by the appellee, Fred D. Bodman, against the appellants, Shelby Grisham, sheriff of Colbert county, and C. G. Mason, surety on an indemnifying bond made by the plaintiff in an attachment suit of C. L. Watson against Kirby & Sons; and souglit to recover damages for the wrongful levy and taking of property under the writ of attachment.
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Appeal from the Circuit Court of Colbert. Tried before the Hon. Thomas B. Boulhac. This was an action of trespass brought by the appellee, Fred D. Bodman, against the appellants, Shelby Grisham, sheriff of Colbert county, and C. G. Mason, surety on an indemnifying bond made by the plaintiff in an attachment suit of C. L. Watson against Kirby & Sons; and souglit to recover damages for the wrongful levy and taking of property under the writ of attachment. The defense interposed,and the material facts of the case are sufficiently stated in the opinion. The defendants introduced evidence tending…
1Opinion of the CourtMcCLELLAN, J.
This is an action of trespass de *199bonis, &c., prosecuted by Bodman against Grisham and Mason. The goods were taken by Grisham as sheriff under a writ of attachment, and Mason was his indemnitor in respect of the levy. This #rit issued at the suit of Watson against Kirby & Sons, and. was levied on the property as belongi.,g to the latter, though it was at' the time in the possession of Bodman, to whom Kirby & Sons had just "previously sold it in payment of a debt, as was-alleged. The defendants sought to justify under the writ, averring that the sale and transfer by. Kirby & Sons to Bodman was…
2Cases cited15 opinions
- Street v. SinclairSupreme Court of Alabama · 1881
- Hatchett v. GibsonSupreme Court of Alabama · 1848
- Martin, Dumee & Co. v. Brown, Shipley & Co.Supreme Court of Alabama · 1883
- Washington v. TimberlakeSupreme Court of Alabama · 1883
- M'Hardy v. WadsworthMichigan Supreme Court · 1860
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- Scroggins v. Alabama Gas CorporationSupreme Court of Alabama · 1963
- Ansley v. Bank of PiedmontSupreme Court of Alabama · 1896
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