Otis v. Thorn
Supreme Court of Alabama
Error to the Circuit Court of Mobile. Tried before tb* Hon. John Bragg. 1. The declaration is a nullity. The writ does not warrant it. The parties are other and essentially different from those in the writ. — Elliott & Smith, use of Haralson, 1 Ala. 76 ; Sexton v. Roane, 7 ib. 829 ; Moffatt v. Singleton, 3 Stew. 322. 2. Stipulators are not parties to the suit.
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Error to the Circuit Court of Mobile. Tried before tb* Hon. John Bragg. 1. The declaration is a nullity. The writ does not warrant it. The parties are other and essentially different from those in the writ. — Elliott & Smith, use of Haralson, 1 Ala. 76 ; Sexton v. Roane, 7 ib. 829 ; Moffatt v. Singleton, 3 Stew. 322. 2. Stipulators are not parties to the suit. The bond given by stipulators under a former statute is the same as in this case.— Livingston v. Steamboat Tallapoosa, 9 Port. 116; Witherspoon' v. Wallis et als., 2 Ala. 668. 3. The liability of the defendants, (if any,) results either…
1Opinion of the CourtDargan, C. J.
This suit was commenced by the defendant in error, under the act of 1844, against the steamboat Lowndes, for running down a ferry boat, having on board a stage? coach belonging to the plaintiff, whereby .the stage was sunk and lost. The plaintiff having made the oath required by the statute before a justice of the peace, he issued an attachment against the boat, her tackle, apparel, and furniture, returnable to the Circuit Court of Mobile. The sheriff seized^ this writ and had her in possession. A-fterwan Henry L. Jayne, John M. Dabney and William a replevy bond, with condition to pay such…
2Cases cited1 opinion
- Moffet v. WooldridgeSupreme Court of Alabama · 1831
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