West v. Hayes
Supreme Court of Alabama
Appeal from the Circuit Court of Chilton. Tried before the Hon. N. D. Denson. This was an action of trespass brought by M. A. West against the appellees, Lee Hayes, as sheriff of Chilton county, and the sureties on his official bond ; and sought, as averred in the first count of the complaint, to recover damages for entering upon certain described premises in the possession of the plaintiff, and “removing therefrom one saw mill, engine and boiler — fixtures attached to said…
Read the full summary
Appeal from the Circuit Court of Chilton. Tried before the Hon. N. D. Denson. This was an action of trespass brought by M. A. West against the appellees, Lee Hayes, as sheriff of Chilton county, and the sureties on his official bond ; and sought, as averred in the first count of the complaint, to recover damages for entering upon certain described premises in the possession of the plaintiff, and “removing therefrom one saw mill, engine and boiler — fixtures attached to said land.” The complaint contained two counts. The second count was in the Code form for action of trespass for wrongfully…
1Opinion of the CourtBrickell, C. J.
Appellant’s intestate, M. A. West, sued to recover damages for a trespass alleged to have been committed by appellee under color of his office as sheriff of Chilton county. The principal question presented -for consideration is whether, under a writ for the seizure and delivery of personal property, regular on its face and issued by competent authority to carry into effect a judgment for the recovery of said property, the sheriff is justified in séizing said property wherever and in whosesoever possession the same may be found, notwithstanding the person from whose possession it is taken may…
2Cases cited3 opinions
- Smith v. GayleSupreme Court of Alabama · 1877
- Howard v. Kennedy's Exr'sSupreme Court of Alabama · 1843
- Albright v. MillsSupreme Court of Alabama · 1888
3Cited by6 opinions
- Interior Warehouse Co. v. HaysWashington Supreme Court · 1916
- Gillespie v. McCleskySupreme Court of Alabama · 1909
- Bryan v. DaySupreme Court of Alabama · 1933
- Bryan v. DaySupreme Court of Alabama · 1932
- Lehman-Durr Co. v. FolmarSupreme Court of Alabama · 1909
1 more not listed; retrieve them via the Exa API.