Kennon & Brother v. Dibble
Supreme Court of Alabama
Appeal from Lee Circuit Court. Tried before Hon. H. D. Clayton. Kennon & Brother, a partnership, on 29th December, 1882, sued out an attachment against Oscar C. Dibble, which was levied on two mares, a Jersey bull, a wagon and some corn and fodder, as the property of the defendant in attachment. This property was claimed by Mrs. Lena L. Dibble, the wife of Oscar Ó. Dibble, and, on her making the statutory affidavit and bond, it was delivered to her by the sheriff.
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Appeal from Lee Circuit Court. Tried before Hon. H. D. Clayton. Kennon & Brother, a partnership, on 29th December, 1882, sued out an attachment against Oscar C. Dibble, which was levied on two mares, a Jersey bull, a wagon and some corn and fodder, as the property of the defendant in attachment. This property was claimed by Mrs. Lena L. Dibble, the wife of Oscar Ó. Dibble, and, on her making the statutory affidavit and bond, it was delivered to her by the sheriff. The cause was tried on an issue made up under'the statute, the trial resulting in a verdict and judgment for the claimant. After…
1Opinion of the CourtStone, J.
The circuit court, at the written request of claimant, instructed the jury that if they believed the evidence, they must find for the claimant. The claimant, in such a suit as this, stands in the attitude of a defendant; and the substance of this ruling was, that the plaintiffs had failed to make a case entitling them to recover.' The claimant went hence without day, under this ruling; for it left no ground for a partial recovery, if the testimony was believed. Such charge was improper, if plaintiffs were entitled to have any part of the property condemned ; for in that event the jury could…
2Cases cited4 opinions
- Preston & Stetson v. McMillanSupreme Court of Alabama · 1877
- Evans v. EnglishSupreme Court of Alabama · 1878
- Whitman v. AbernathySupreme Court of Alabama · 1858
- Pollak & Co. v. GravesSupreme Court of Alabama · 1882
3Cited by7 opinions
- Bolling v. Kirby & BrotherSupreme Court of Alabama · 1890
- Meyer Bros. v. CookSupreme Court of Alabama · 1888
- Daniel v. HardwickSupreme Court of Alabama · 1889
- Bradford v. ButtramSupreme Court of Alabama · 1921
- Harper v. RuddSupreme Court of Alabama · 1889
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