Sullivan v. Robinson
Supreme Court of Alabama
Appeal from tbe City Court of Montgomery. Tried before tbe Hon. B. S. Bibb. The record in tbis case shows that, on tbe 6th June, '1864, Mary Sulhvan made affidavit, before a justice of tbe peace, tbat two bogs were stolen from her premises on tbe 11th March preceding, and tbat she bad cause to believe, and did believe, tbat Patrick Robinson “ did steal, take, and carry away said bogs, with intent to convert them to bis own usetbat tbe justice thereupon issued a…
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Appeal from tbe City Court of Montgomery. Tried before tbe Hon. B. S. Bibb. The record in tbis case shows that, on tbe 6th June, '1864, Mary Sulhvan made affidavit, before a justice of tbe peace, tbat two bogs were stolen from her premises on tbe 11th March preceding, and tbat she bad cause to believe, and did believe, tbat Patrick Robinson “ did steal, take, and carry away said bogs, with intent to convert them to bis own usetbat tbe justice thereupon issued a search-warrant for tbe examination of tbe defendant’s premises, returnable before himself on tbe same day; tbat tbe writ was executed…
1Opinion of the CourtStone, J.
We do not think there is any error of parties in this case. When an order is made under section 3786 of the Code, for the delivery of property to the claimant ox-owner, such order loses the properties of a State prosecution, and becomes, as between them, a civil proceeding. Only Mary Sullivan, the complainant, and Patrick Robinson, are interested in the affirmance or reversal of this order. See Creighton v. Paine, 2 Ala. 158.
[2.] The powers of a justice of the peace, which were invoked and exercised in the present case, are purely sta*616tutory, and. summary. In sucb cases, tbe record must…
2Cases cited6 opinions
- Lamar v. Commissioners' Court of Marshall CountySupreme Court of Alabama · 1852
- Comm'rs' Count of Lowndes Co. v. BowieSupreme Court of Alabama · 1859
- Connoly v. Ala. & Tenn. Rivers RailroadSupreme Court of Alabama · 1856
- Commissioners of Roads & Revenue v. ThompsonSupreme Court of Alabama · 1848
- Bates v. Planters' & Merchants' BankSupreme Court of Alabama · 1838
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3Cited by3 opinions
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- Thrash v. BennettSupreme Court of Alabama · 1876
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