Traun v. Keiffer
Supreme Court of Alabama
Appeal from the Circuit Court of Dallas. Tried before the Hon. RobeRT Dougherty. This action was brought by Mary "Wittick, then a, feme sole, against Henry Traun, to recover a negro woman, named Betsey, and ber seven children, Dick, Jim, Lucy, Sarah, John, Ann, and Edward. The plaintiff having intermarried, pending the suit, with one Louis Keiffer, her husband was made a party with her.
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Appeal from the Circuit Court of Dallas. Tried before the Hon. RobeRT Dougherty. This action was brought by Mary "Wittick, then a, feme sole, against Henry Traun, to recover a negro woman, named Betsey, and ber seven children, Dick, Jim, Lucy, Sarah, John, Ann, and Edward. The plaintiff having intermarried, pending the suit, with one Louis Keiffer, her husband was made a party with her. At the fall term, 1852, a judgment on verdict was rendered for the plaintiff, which was amended nunc pro tune at the next ensuing term; and this amended judgment was reversed by this court, at its June term,…
1Opinion of the Court
"WALKER, J.
— The defendant’s motion, to require the plaintiff to restore the slaves and money received by her, or to return them to the sheriff, before proceeding to trial, was properly overruled. The principle settled in the two cases of Hall v. Hrabrowski, 9 Ala. 278; and Bradford v. Bush, 10 Ala. 274, manifestly has no application here. That principle is, that a plaintiff* shall not take the benefit of the reversal of a judgment, while he asserts the validity of the judgment by retaining money collected under it. Here the defendant has obtained a reversal of the judgment; and he may fully…
2Cases cited5 opinions
- Lay's v. Lawson's Adm'rSupreme Court of Alabama · 1853
- Bradford v. BushSupreme Court of Alabama · 1846
- Hall v. HrabrowskiSupreme Court of Alabama · 1846
- Ivey's Adm'r v. OwensSupreme Court of Alabama · 1856
- Steele v. AdamsSupreme Court of Alabama · 1852
3Cited by12 opinions
- Scruggs v. Decatur Mineral & Land Co.Supreme Court of Alabama · 1888
- Morris v. HallSupreme Court of Alabama · 1868
- Carroll v. DraughonSupreme Court of Alabama · 1911
- Auerbach v. PritchettSupreme Court of Alabama · 1877
- Knight v. GardenSupreme Court of Alabama · 1916
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