Kelly v. McCaw
Supreme Court of Alabama
Appeal from the City Court of Mobile. Tried before the Hon, Alex. McKinstby. This action was brought by Hugh McCaw against James Kelly, and the second count of the amended complaint was as follows : — “ The plaintiff claims of the defendant the further sum of $3,000, as damages caused by said Kelly’s having fraudulently and wrongfully induced the sheriff of Mobile county to release and discharge from his possession a negro man, named Dick, and a negro woman, named Matilda,…
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Appeal from the City Court of Mobile. Tried before the Hon, Alex. McKinstby. This action was brought by Hugh McCaw against James Kelly, and the second count of the amended complaint was as follows : — “ The plaintiff claims of the defendant the further sum of $3,000, as damages caused by said Kelly’s having fraudulently and wrongfully induced the sheriff of Mobile county to release and discharge from his possession a negro man, named Dick, and a negro woman, named Matilda, which had been levied on, and were held by James F. Hutch-issoti, as sheriff of said county, to satisfy an execution…
1Opinion of the CourtRice, C. J.
In Barker v. Mathews, 1 Denio’s Rep. 335, it was decided, that the plaintiff in an execution, which had been levied upon personal property of the defendant in execution, could not maintain an action on the case against a wrong-doer for fraudulently and wrongfully taking such property out of the possession of the officer, and removing it and converting it to his own use.' The ground of the decision was, that there was no precedent for the action, and that, as the law had already provided well-known and appropriate remedies for all parties in such cases, there was no occasion to devise a new…
2Cases cited1 opinion
- Webb v. BumpassSupreme Court of Alabama · 1839
3Cited by9 opinions
- Birmingham Southern R. Co. v. GoodwynSupreme Court of Alabama · 1919
- Hussey v. PeeblesSupreme Court of Alabama · 1875
- Hurst v. Bell & Co.Supreme Court of Alabama · 1882
- Clay County Abstract Co. v. McKaySupreme Court of Alabama · 1933
- Clark v. Johnson & LattimerAlabama Court of Appeals · 1913
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