Legal Opinion

Masterson v. Matthews

Supreme Court of Alabama

Decided December 15, 1877PublishedCited by 27 opinions

From the Circuit Court of Lawrence. Tried before the Hon. W. B. Wood. This action was brought by H. B. Matthews and Abbie A. Matthews, against B. O. Masterson, and was commenced on the 11th March, 1875. The complaint contained three counts; the first being a count in trover, for the alleged conversion of three bales of cotton; and the second being in these words : “ The plaintiffs claim of said defendant the further sum of $120.80, due by judgment recovered against him, in…

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From the Circuit Court of Lawrence. Tried before the Hon. W. B. Wood. This action was brought by H. B. Matthews and Abbie A. Matthews, against B. O. Masterson, and was commenced on the 11th March, 1875. The complaint contained three counts; the first being a count in trover, for the alleged conversion of three bales of cotton; and the second being in these words : “ The plaintiffs claim of said defendant the further sum of $120.80, due by judgment recovered against him, in the Law and Equity Court of Lawrence county, Alabama, on the 5th February, 1874, with the interest thereon.” The third…

1Opinion of the CourtStone, J.

The act “ To establish an inferior court of record in the town of Courtland, Alabama,” approved January 2,1872 (Pamph. Acts, 104), and the act to establish a similar court in the town of Decatur, approved December 17,1873 (Pamph. Acts, 68), are indentical in their provisions. In Ex parte Roundtree, 51 Ala. 42, this court, in an able and satisfactory opinion, held that section 15 of the statute creating said court was' unconstitutional. That section is in the following language : “That the judge of the fourth judicial circuit of Alabama shall be the judge of said Court of Law and Equity.” No…

2Cases cited5 opinions

  1. State v. CarrollSupreme Court of Connecticut · 1871
  2. Ex parte RoundtreeSupreme Court of Alabama · 1874
  3. Mayo v. StoneumSupreme Court of Alabama · 1841
  4. State ex rel. Attorney General v. PorterSupreme Court of Alabama · 1840
  5. State v. AnoneSupreme Court of South Carolina · 1819

3Cited by27 opinions

  1. Smurr v. StateIndiana Supreme Court · 1886
  2. Gildemeister v. LindsayMichigan Supreme Court · 1920
  3. State ex rel. Cropper v. MurdockIndiana Supreme Court · 1882
  4. In Re Fox West Coast TheatresDistrict Court, S.D. California · 1936
  5. Joseph v. CawthornSupreme Court of Alabama · 1883

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