Griffin v. Isbell
Supreme Court of Alabama
Error to the Circuit Court of Talladega. Tried before the Hon. John J. Woodward. 1. The last two counts of the declaration are defective in this, that it is not alleged that the words spoken by Griffin were spoken in the hearing of the bidders, or that they were spoken with malice. — Hill v. Ward, 13 Ala.
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Error to the Circuit Court of Talladega. Tried before the Hon. John J. Woodward. 1. The last two counts of the declaration are defective in this, that it is not alleged that the words spoken by Griffin were spoken in the hearing of the bidders, or that they were spoken with malice. — Hill v. Ward, 13 Ala. Rep. 310. 2. Commissioners appointed to take the testimony of a witness in another State are quasi officers of the court, and are invested with power to administer the necessary oath. If they do not administer the oath, or give their certificate as commissioners, but as justices of the…
1Opinion of the CourtParsons, J.
1. Griffin was defendant in the Circuit Court, and filed a demurrer to each of the three counts in the declaration, but the demurrers were overruled. The first count states that Isbell, the plaintiff below, had obtained two attachments against the estate of one Kennerly, which the defendant, as sheriff of Talladega county, levied on a barouche and harness and a negro man, the property of Kennerly; and that Griffin afterwards wrongfully discharged the property from the Jevies and abandoned the custody thereof, whereby Isbell lost his debts. This count states a good cause of action, and we…
2Cited by14 opinions
- Councill v. MayhewSupreme Court of Alabama · 1911
- Mount v. Board of CommissionersIndiana Supreme Court · 1907
- Solberg v. Sunburst Oil & Gas Co.Montana Supreme Court · 1926
- Weir v. Brotherhood of Railroad TrainmenSupreme Court of Alabama · 1929
- Barquin v. Hall Oil Co.Wyoming Supreme Court · 1921
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