Rose v. Pearson
Supreme Court of Alabama
Appeal from the Circuit Court of Henry. Tried before the Hon. H. D. Clapton. The facts of the case are stated in the opinion of the court.
1Opinion of the CourtA. J. Walker, C. J.
In April, 1861, the appellee, Pearson, instituted an action of detinue against the appellant, Rose. The complaint is in the form prescribed by the Code, in actions “ for the recovery of chattels in specie." Code, p. 552. The plaintiff made affidavit, that the property for which suit was brought belonged to him, and also gave bond, with surety, conditioned as prescribed in section 2192 of the Code. The clerk made an order, directing the sheriff to take the property info his possession, unless the defendant should give bond, with good and sufficient sureties for the forthcoming of the property…
2Cases cited2 opinions
- Campbell v. MaySupreme Court of Alabama · 1858
- Shorter's Adm'r v. MimsSupreme Court of Alabama · 1851