Boykin v. Edwards
Supreme Court of Alabama
Ekbob to tbe Circuit Court of Choctaw. Tried before the Hon. L. GibboNS. This was an action of trespass, for taking the plaintiff’s horse. The suit was commenced against James Whitted and Sterton B. Edwards; pleas, not guilty; and each defendant pleaded separately, justification.
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Ekbob to tbe Circuit Court of Choctaw. Tried before the Hon. L. GibboNS. This was an action of trespass, for taking the plaintiff’s horse. The suit was commenced against James Whitted and Sterton B. Edwards; pleas, not guilty; and each defendant pleaded separately, justification. Edwards set out in his plea of justification, that an attachment was issued by Joshua Morse, a justice of the peace, in favor of John P. Cook and Sterton B. Edwards, against the plaintiff, Boykin, which writ came to the hands of James Whitted, a constable. The plea-set forth the writ, and, on the back of it, the…
1Opinion of the CourtDargan, C. J.
— It is contended, that tbe court erred in overruling tbe demurrer to the plea of justification, for tbe reason, that tbe defendant, being one of tbe plaintiffs in tbe attachment, was incompetent to execute it, and the levy was therefore void.
It may be admitted that a party is incompetent to execute *263process in bis own favor, but still we think tbe demurrer was correctly overruled, for two reasons: first, there is no allegation in tbe pleadings showing that Sterton B. Edwards, tbe plaintiff in tbe attachment, is tbe same person who was deputized by tbe justice to execute tbe writ, and who made…
2Cases cited1 opinion
- Allen v. ManasseSupreme Court of Alabama · 1843
3Cited by14 opinions
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- Aaron v. StateSupreme Court of Alabama · 1861
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- McCrary v. Chase & Co.Supreme Court of Alabama · 1882
- Hayman v. WeilSupreme Court of Florida · 1907
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