Jacobs v. State
Supreme Court of Alabama
Appeal from Montgomery City Court. Tried before Hon. John A. MlNNlS. The appellant, Isaac Jacobs, was convicted of perjury, on an indictment which charged that Jacobs, “in making an affidavit in an action of detinue for tbe recovery of a yoke of oxen and an ox cart, before John C. Hardwick, a justice of tbe peace in and for Montgomery county, and State of Alabama, in which I. Jacobs was plaintiff, and C. A. Cobbs was defendant, being duly sworn by the said John C. Hard-wick,…
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Appeal from Montgomery City Court. Tried before Hon. John A. MlNNlS. The appellant, Isaac Jacobs, was convicted of perjury, on an indictment which charged that Jacobs, “in making an affidavit in an action of detinue for tbe recovery of a yoke of oxen and an ox cart, before John C. Hardwick, a justice of tbe peace in and for Montgomery county, and State of Alabama, in which I. Jacobs was plaintiff, and C. A. Cobbs was defendant, being duly sworn by the said John C. Hard-wick, justice of the peace, &c., who had authority to administer such oath, falsely swore as follows, to-wit “ The State of…
1Opinion of the CourtBe.ickell, C. J.
1. Justices of the peace have jurisdiction of actions of detinue, dependent on the value of the property in controversy. When an action of detinue is instituted in the circuit court, the plaintiff on making affidavit that the property sued for belongs to him, and the execur tion of a bond with surety, for the payment of all such costs and damages as the defendant may sustain from the wrongful suit, can obtain an order directing the officer executing the summons, to take possession of the property. — Code of 1876, § 2942. Statutory provisions regulating civil suits in the circuit court, so lar…
2Cases cited5 opinions
- People v. FoxMichigan Supreme Court · 1872
- People v. GaigeMichigan Supreme Court · 1872
- Humphrey v. WhittenSupreme Court of Alabama · 1849
- State v. JohnsonIndiana Supreme Court · 1844
- White v. StateMississippi Supreme Court · 1872
3Cited by22 opinions
- Worthen v. State ex rel. VernerSupreme Court of Alabama · 1914
- McDaniel v. StateAlabama Court of Appeals · 1915
- Wilson v. StateSupreme Court of Georgia · 1902
- Merlette v. StateSupreme Court of Alabama · 1893
- Thomas v. StateAlabama Court of Appeals · 1915
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