Shealy v. Edwards
Supreme Court of Alabama
Appeal from Talladega Circuit Court. Tried before Hon. LeRoy F. Box. This cause was before this court at a former term-, and is reported.
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Appeal from Talladega Circuit Court. Tried before Hon. LeRoy F. Box. This cause was before this court at a former term-, and is reported. See 73 Ala. 175. It was aii action of trespass, brought by Shealy & Finn against Joseph A. Edwards, Joseph Hardie and others, to recover damages for the seizure and asportation of certain goods, wares and merchandise, and was commenced on 19th January, 1882. The defendants filed a joint plea of not guilty, and the defendant Edwards also filed a special plea, alleging, in substance, that the goods, wares and merchandise described in the complaint were levied…
1Opinion of the CourtSomebyille, J.
There was clearly no error in the refusal of the court to allow the plaintiffs to read to the jury the full itemized list of articles sold, from the stock of merchandise in controversy on the day after they took possession under *416their purchase from Terrell & Yincent. The question at issue was fraud vel non in the matter of the alleged sale. They had been allowed to prove the fact of possession, and the fact of sales being made by their clerk in due course of trade. These acts of dominion were relevant as- tending to prove bond, fide ownership. The particular items of sale were immaterial, and…
2Cases cited8 opinions
- Crawford v. KirkseySupreme Court of Alabama · 1876
- Lehman, Durr & Co. v. Kelly & Bro.Supreme Court of Alabama · 1880
- Shealy v. EdwardsSupreme Court of Alabama · 1882
- Young v. DumasSupreme Court of Alabama · 1863
- Terrell v. GreenSupreme Court of Alabama · 1847
3 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Barnett v. StateSupreme Court of Alabama · 1887
- Mobile Savings Bank v. McDonnellSupreme Court of Alabama · 1889
- Howell v. CardenSupreme Court of Alabama · 1891
- Allen v. RiddleSupreme Court of Alabama · 1904
- Marx Bros. v. LeinkauffSupreme Court of Alabama · 1890
18 more not listed; retrieve them via the Exa API.