Weir v. S. & J. T. Clark
Alabama Court of Appeals
Appeal from Pickens Circuit Court. Heard before Hon. Bernard Harwood. Detinue by S. and J. T. Clark, against Peter Weir, and others. Judgment for plaintiffs and defendants appeal. The court erred in rendering judgment for the plaintiffs without a trial on the merits, and in refusing to permit the introduction of evidence that the claimant was the owner of the property. — 36 Ore. 307; 121 N. C. 12; Montgomery & Wetumplca P. II.
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Appeal from Pickens Circuit Court. Heard before Hon. Bernard Harwood. Detinue by S. and J. T. Clark, against Peter Weir, and others. Judgment for plaintiffs and defendants appeal. The court erred in rendering judgment for the plaintiffs without a trial on the merits, and in refusing to permit the introduction of evidence that the claimant was the owner of the property. — 36 Ore. 307; 121 N. C. 12; Montgomery & Wetumplca P. II. Go. v. Persee, et al., 25 Ala. 536. The defendant offered to pay cost at the time. — Dunlap v. Horton, 49 Ala. 412. The court erred in admitting the replevy bond in…
1Opinion of the CourtWalker, P. J.
When the case was reached for trial on the regular call of the docket, an offer was made on behalf of the defendant Sue Lee Weir to pay the amount.of costs which had been adjudged against her on the granting of her application for a continuance at the next preceding term of the court. The. court refused to permit her to pay such costs at that time and to defend the suit on the merits, and, on motion of the plaintiffs, entered judgment against her for the property sued for, and proceeded to execute a writ of inquiry to ascertain its alternate value and the amount of damages for its detention.…
2Cases cited6 opinions
- Reese v. BillingSupreme Court of Alabama · 1846
- Torrey v. BishopSupreme Court of Alabama · 1894
- Rhea v. TuckerSupreme Court of Alabama · 1876
- Elizabeth City Cotton Mills v. DunstanSupreme Court of North Carolina · 1897
- Preston v. DunhamSupreme Court of Alabama · 1875
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Scheuer & Tiegs, Inc. v. BenedictWisconsin Supreme Court · 1921
- Ex Parte Three Minute Cereal Co.Supreme Court of Alabama · 1936