Lenoir's Adm'r v. Wilson
Supreme Court of Alabama
Appeal from the Circuit Court of Clarke. Tried before the Hon. C. W. Rapier. This action was brought by Jack R. Wilson, against James Odom, as the administrator of Robert Lenoir, deceased, to recover damages for the tortious act of the defendant’s intestate, in procuring an execution, which was issued on a judgment in iayor of Lewis P. Lenoir, against one John R. Wilson, to be levied on certain spars belonging to the plaintiff.
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Appeal from the Circuit Court of Clarke. Tried before the Hon. C. W. Rapier. This action was brought by Jack R. Wilson, against James Odom, as the administrator of Robert Lenoir, deceased, to recover damages for the tortious act of the defendant’s intestate, in procuring an execution, which was issued on a judgment in iayor of Lewis P. Lenoir, against one John R. Wilson, to be levied on certain spars belonging to the plaintiff. The defendant interposed a special plea, in these words: “Por further plea he says, that the spars described in the plaintiff’s complaint were seized and levied on by…
1Opinion of the CourtA. J. Walker, C. J.
The question presented by the demurrer to the appellant’s plea is, whether a judgment in favor of the claimant, on a trial of the right of property, is a bar to an action for the tort committed by taking the property unddr the execution. The argument in- favor of *602the sufficiency of the plea is, that the tort gives rise to an indivisible,cause of action, embracing the right to recover the property; and that the plaintiff can not split up the cause of action, and recover the property itself in a trial of the right of property, and afterwards recover in this action for the injuries which were…
2Cases cited8 opinions
- Planters' & Merchants' Bank of Mobile v. BorlandSupreme Court of Alabama · 1843
- Ewing v. BlountSupreme Court of Alabama · 1852
- Roberts v. HeimSupreme Court of Alabama · 1855
- Planters & Merchants' Bank of Mobile v. WalkerSupreme Court of Alabama · 1845
- Oliver v. HoltSupreme Court of Alabama · 1847
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3Cited by1 opinion
- Cheek v. OdomAlabama Court of Appeals · 1924