Legal Opinion

Porter & Co. v. Godfrey

Alabama Court of Appeals

Decided October 19, 1915PublishedCited by 6 opinions

Appeal from Houston Circuit Court. Heard before Hon. H. A. Pearce. Detinue by E. R. Porter Company against E. J. Godfrey and others, with affidavit by defendants of claim by R. L. Hunter. Judgment against plaintiff for costs, after judgment for plaintiff against claimant and claimant’s removal by statutory certiorari, and plaintiff appeals.

1Opinion of the CourtBrown, J.

The appellant sued out a writ of detinue before a justice of the peace against E. J. Godfrey for the recovery of certain specific personal property which, as the officer’s return on the writ shows, was seized under the writ and return thereof made to the justice. The transcript of the proceedings before the justice recites the following: “This cause coming on to be heard, the defendant ma.de and filed an affidavit that R. L. Hunter owns the property or wire sued for, and prayed for process to to issue to said Hunter, whereupon by agreement in open court notice to the said Hunter was waived,…

2Cases cited8 opinions

  1. Hall & Brown Woodworking Machine Co. v. Haley Furniture & Mfg. Co.Supreme Court of Alabama · 1911
  2. Gunter v. MasonSupreme Court of Alabama · 1899
  3. Adams v. WrightSupreme Court of Alabama · 1900
  4. Jones v. Ala. Mineral RailroadSupreme Court of Alabama · 1894
  5. Mobile Life Insurance v. TeagueSupreme Court of Alabama · 1884

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3Cited by6 opinions

  1. Robertson v. StateAlabama Court of Appeals · 1924
  2. Dunning v. HolcombeSupreme Court of Alabama · 1919
  3. Milazzo v. Commercial Finance Co.Supreme Court of Alabama · 1918
  4. Rhodes v. SewellAlabama Court of Appeals · 1926
  5. King v. Dearing-Orman Mercantile Co.Alabama Court of Appeals · 1919

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