Porter & Co. v. Godfrey
Alabama Court of Appeals
Appeal from Houston Circuit Court. Heard before Hon. H. A. Pearce. Detinue by E. R. Porter Company against E. J. Godfrey and others, with affidavit by defendants of claim by R. L. Hunter. Judgment against plaintiff for costs, after judgment for plaintiff against claimant and claimant’s removal by statutory certiorari, and plaintiff appeals.
1Opinion
ON REHEARING.
In disposing of this case on original consideration, it was treated as one governed by section 3792, authorizing the institution of'a trial of the right of property between the plaintiff in an action of detinue and a third party on the initiative of the third party, who claims the property; and, reaching the conclusion that the effort shown by the record to bring Hunter, the third party, into the case as a claimant was abortive and the judgment against him void, the appeal was dismissed.(3) The appellant now contends that the case was improperly treated, and that it should be…
2Cases cited6 opinions
- Merchants National Bank v. BalesSupreme Court of Alabama · 1906
- Carleton v. KimbroughSupreme Court of Alabama · 1907
- Dumas v. Peoples' BankSupreme Court of Alabama · 1906
- Hensley v. OrendorffSupreme Court of Alabama · 1907
- Howard v. DeensSupreme Court of Alabama · 1904
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