Blann v. Crocheron
Supreme Court of Alabama
ERROR to the Circuit Court of Dallas.- Tried before the’ Hon. Goo. Goldthwaite. 1. When joint trespassers are sued jointly and plead separately, or are sued separately, plaintiff may recover against both^ but can have but one satisfaction. — Knickerbocker v. Colver, .8 Cow. Ill; Livingston v. Bishop, 1 J. R. 290; Lansing v.Montgomery, 2 ib. 382;- Layman et als. v. Hendrick, 1 Ala.-212.
1Opinion of the Court
DAR6AN, C. J.
This was an action of trespass against the defendant, for causing an attachment to be levied on one hundred bushels of corn belonging to the plaintiff, which was exempt by law from levy and salo. The defendant pleaded the recovery of a judgment against the constable for levying the attachment,but did not aver in his plea that the judgment had been satisfied.The plaintiff demurred! to the plea, but his demurrer was overruled. The plaintiff then replied- that the judgment against the constable had not been satisfied.- To this replication there was a demurrer, which was sustained,,…
2Cases cited2 opinions
- Layman v. HendrixSupreme Court of Alabama · 1840
- Osterhout v. RobertsCourt for the Trial of Impeachments and Correction of Errors · 1827
3Cited by6 opinions
- Vandiver & Co. v. PollakSupreme Court of Alabama · 1894
- Harrison's Administrator v. Harrison's DistributeesSupreme Court of Alabama · 1864
- Bradford v. CarsonSupreme Court of Alabama · 1931
- Du Bose v. MarxSupreme Court of Alabama · 1875
- Goldsmith v. Stetson & Co.Supreme Court of Alabama · 1863
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