Slade v. Street
Supreme Court of Alabama
Trespass for Illegal Seizure of Stock of Goods. Appeal from the Circuit Court of Clay. Tried before the Hon. Lejrov F. Box.
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Trespass for Illegal Seizure of Stock of Goods. Appeal from the Circuit Court of Clay. Tried before the Hon. Lejrov F. Box. This action was brought by Merit Street, against James B. Slade, W. B. Jackson, and three other persons, to recover damages for an alleged trespass by the defendants in seizing a stock of goods belonging to the plaintiff; and was commenced on the 12th December, 1884. At the return term of the summons, in January, 1885, as the judgment-entry shows, an alias summons was asked and granted against O. A. Etheridge, who had not been served; the cause was continued as to…
1Opinion of the CourtClopton, J.
The action is brought by appellee, against several defendants, five in number, to recover damages for an alleged joint trespass. At the first term to which the summons was returnable, the plaintiff obtained judgment by default against the appellants, had the damages assessed, and final judgment rendered; continued the action as to two of the defendants who had filed separate pleas in bar, and took an alias summons to the fifth, on whom process had not been executed. The question is, what is the effect of these proceedings on the action ?
Section 2911 of Code provides: “ When any suit is…
2Cases cited6 opinions
- Layman v. HendrixSupreme Court of Alabama · 1840
- Adkins v. AllenSupreme Court of Alabama · 1827
- Reynolds v. SimpkinsSupreme Court of Alabama · 1880
- Curtis v. GainesSupreme Court of Alabama · 1871
- Keebles v. FordSupreme Court of Alabama · 1843
1 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Union Indemnity Co. v. WebsterSupreme Court of Alabama · 1928
- Montgomery Gas-Light Co. v. Montgomery & Eufaula Railway Co.Supreme Court of Alabama · 1888
- Torrey v. ForbesSupreme Court of Alabama · 1891
- Crawford v. MillsSupreme Court of Alabama · 1918
- Fields v. WilliamsSupreme Court of Alabama · 1890
4 more not listed; retrieve them via the Exa API.