McMillan v. Nettles
Alabama Court of Appeals
Detmue. Appeal from Monroe Circuit Court. Heard before Hon. John T. Lackland. Detinue by W. J. Nettles against N. J. McMillan in which H. E. McMillan interyenes as claimant. Judgment for plaintiff, and intervenor appeals.
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Detmue. Appeal from Monroe Circuit Court. Heard before Hon. John T. Lackland. Detinue by W. J. Nettles against N. J. McMillan in which H. E. McMillan interyenes as claimant. Judgment for plaintiff, and intervenor appeals. The judgment is improper, in the first place, because the complaint or issue sets out no cause of action. — St. Glair County v. Smith, 112 Ala. 347; Pullen v. Schimpf, 109 Ala. 182. The burden is on plaintiff to show not only that the property belonged to defendant but that it was subject to the writ. — Ross v. Hausen, 105 Ala. 353. Where a claimant intervenes in a detinue…
1Opinion of the CourtPelham, J.
The appellee, as plaintiff in the suit, brought a statutory action of detinue against N. J. McMillan as defendant to recover a certain mule, and the wife of the defendant in the detinue suit, the appellant, H. E. McMillan, intervened as claimant and filed an affidavit and claim bond. Under direction of the court an issue was made up between the plaintiff in the detinue suit and the claimant to try the right of property. This trial resulted in the jury finding the issue against the claimant, and upon this verdict a judgment was entered condemning the property as subject to the writ in detinue.…
2Cited by3 opinions
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