Drennen & Co. v. Jasper Investment Co.
Supreme Court of Alabama
Appeal from Walker Law and Equity Court. . Heard before Hon. T. L. Sowell. Action by the Jasper Investment Company against one Drennen and others. From a judgment in favor of plaintiff, certain defendants appeal.
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Appeal from Walker Law and Equity Court. . Heard before Hon. T. L. Sowell. Action by the Jasper Investment Company against one Drennen and others. From a judgment in favor of plaintiff, certain defendants appeal. The court erred in overruling the motion to set aside and annul the summons in this case.— Sec. 3271, Code 1896; Mayo, et al. v. Stoneman, 2 Ala. 390; Johnson v. King, 20 Ala. 270; Boardman v. Parrish, 56 Ala. 54. The plea need not have been verified. —Day v. Hackober, 60 Ala. 425; Mohr v. Chaffee, 75 Ala. 388. The defect should have been pointed out by demurrer. — Black v. The…
1Opinion of the CourtHaralson, J.
— The suit was by the Jasper Investment Company, appellee, in the law and equity court of Walker county, against Drennen & Co., the appellants, and W. D. Leatherwood, for the conversion of two mules. Leatherwood lived in Walker, and Drennen & Co. lived in Jefferson county.
*324• Drennen & Co. had obtainned a judgment, in the cir: cuit court of Walker 'county, against the Jasper C'oal Company, for the- sum of $1,500, besides costs, and execution had issued thereon' against said company. It Avas ■levied- on Iavo mules and a lot of land, as the property- of- said company, ' The lands Avere sold under…
2Cases cited1 opinion
- Mayo v. StoneumSupreme Court of Alabama · 1841
3Cited by3 opinions
- Montgomery B. & T. Co. v. WalkerSupreme Court of Alabama · 1913
- Johnson v. Blocton-Cahaba Coal Co.Supreme Court of Alabama · 1921
- King v. GibbsAlabama Court of Appeals · 1914