McAden v. Gibson
Supreme Court of Alabama
Weit of Error to the Circuit Court of St. Clair. This was an action of detinue, brought in the county court of St. Clair, by the plaintiff in error, against the defendant, for the recovery of several slaves, to wit: Dick, a man, Sophia and Jude, women, Bill, Lewis and Doctor, boys, and Liza, a girl.
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Weit of Error to the Circuit Court of St. Clair. This was an action of detinue, brought in the county court of St. Clair, by the plaintiff in error, against the defendant, for the recovery of several slaves, to wit: Dick, a man, Sophia and Jude, women, Bill, Lewis and Doctor, boys, and Liza, a girl. The defendant pleaded; first, non detinet; second, that he was sheriff of St. Clair county, and that in that character he levied on the slaves in question, under-an attachment at the suit of Thomas Alford, against the estate of the Mississippi and Alabama Rail Road Company, issued on the 19th…
1Opinion of the CourtCollier, C. J.
1. It is insisted that the second and third pleas are bad, because they do not allege that the attachments under which the defendant justifies the detention of the slaves in question, were returnable, or in fact returned to any court. It has been held in many English cases, that an officer cannot justify under mesne, process after the day appointed for the return, without showing that it was returned, although with respect to writs of execution the'law is otherwise. [Hoe’s case, 5 Co. Rep. 90; Freeman v. Blewitt, 1 Salk. Rep. 409; Rowland v. Veale, 1 Cowp. Rep. 18; Cheaseley v. Barnes, 10…
2Cases cited2 opinions
- Oystead v. ShedMassachusetts Supreme Judicial Court · 1815
- Coburn v. HopkinsNew York Supreme Court · 1830
3Cited by15 opinions
- Herring, Farrell & Sherman v. SkaggsSupreme Court of Alabama · 1882
- Nelson v. First National Bank of MontgomerySupreme Court of Alabama · 1903
- Echols v. StateAlabama Court of Appeals · 1917
- Hartshorn v. WilliamsSupreme Court of Alabama · 1857
- Winter v. Mobile Savings BankSupreme Court of Alabama · 1875
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