Jones v. Pullen
Supreme Court of Alabama
Appeal from the Circuit Court of Lawrence. Tried before the Hon. W. B. Woos. This action was brought by Robert M. Pullen, against Rufus S. Jones, to recover certain personal property, described as “ one steam-engine, boiler and fixtures, one grist-mill and fixtures, one saw-mill and fixtures, one bolting-cloth and. smutter attached to said mill, and one log-wagon,” with damages for its detention ; and was commenced on the 10th October, 1877. On the commencement of the suit,…
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Appeal from the Circuit Court of Lawrence. Tried before the Hon. W. B. Woos. This action was brought by Robert M. Pullen, against Rufus S. Jones, to recover certain personal property, described as “ one steam-engine, boiler and fixtures, one grist-mill and fixtures, one saw-mill and fixtures, one bolting-cloth and. smutter attached to said mill, and one log-wagon,” with damages for its detention ; and was commenced on the 10th October, 1877. On the commencement of the suit, the plaintiff having made affidavit, and given bond as by law prescribed, the sheriff was required to take the property…
1Opinion of the CourtStone, J.
The present suit is a statutory action for the recovery of chattels in specie. — Code of 1876, § 2942. The plaintiff made the necessary oath, and the sheriff took pos*310session of the property under the writ. The defendant neglecting or failing to give bond for the delivery of the property, if cast in the suit, the plaintiff gave bond, under section 2943 of the Code, and .received the possession of the property sued for. The .plaintiff was, therefore, in possession of the property when the cause was tried; and, succeeding in the action, there could be no reason for assessing its value, either…
2Cases cited7 opinions
- Taylor v. KellySupreme Court of Alabama · 1857
- Miller v. Jones' Adm'rSupreme Court of Alabama · 1856
- Bass v. Gilliland's heirsSupreme Court of Alabama · 1843
- Lucas v. DanielsSupreme Court of Alabama · 1859
- Stone v. GoverSupreme Court of Alabama · 1840
2 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Alabama Great Soiitliern Railroad v. HawkSupreme Court of Alabama · 1882
- Foley v. FelrathSupreme Court of Alabama · 1893
- Gwin v. Emerald Co.Supreme Court of Alabama · 1918
- Barnhill v. HowardSupreme Court of Alabama · 1893
- Doe ex dem. Hooper v. ClaytonSupreme Court of Alabama · 1886
10 more not listed; retrieve them via the Exa API.