Toulmin v. Lesesne
Supreme Court of Alabama
This canse comes here by writ of error, from the Circuit Court of Mobile. The defendants in error, declared against the plaintiff in Tro-ver, for the conversion “ of one hundred and thirty pieces of ■cotton bagging of great value, to wit: of the value of fifty dollars each.” The case was tried on the general issue. On the trial a bill of exceptions was taken by the plaintiff in error, to the ruling of the presiding Judge.
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This canse comes here by writ of error, from the Circuit Court of Mobile. The defendants in error, declared against the plaintiff in Tro-ver, for the conversion “ of one hundred and thirty pieces of ■cotton bagging of great value, to wit: of the value of fifty dollars each.” The case was tried on the general issue. On the trial a bill of exceptions was taken by the plaintiff in error, to the ruling of the presiding Judge. This bill of exceptions is very imperfect in the statement of facts; yet, we learn, that Noah Harrington, of New Orleans, shipped to Mobile, two hundred and fifty pieces of…
1Opinion of the CourtCollier, C. J.
1. When a sheriff levies an attachment, or writ of execution, it is certainly his duty, in a reasonable time thereafter, to indorse on the process a memorandum of the property seized, or if the property levied on, consists of so many different articles, that they cannot be conveniently indorsed, then he should make out an inventory, and file it with the process. If, from the inattention of a sheriff to his duty in this respect, a loss should result, either to a plaintiff or defendant, he would be liable in damages; and if after a levy, he keeps the property so carelessly, that it is either…
2Cases cited1 opinion
- Triplett v. MicouSupreme Court of Virginia · 1823
3Cited by9 opinions
- Mudge v. TreatSupreme Court of Alabama · 1876
- Partridge v. ForsythSupreme Court of Alabama · 1856
- Dill v. CampSupreme Court of Alabama · 1853
- City Council v. ShirleySupreme Court of Alabama · 1908
- Rhodes v. SherrodSupreme Court of Alabama · 1846
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