Nelms v. Steiner Bros.
Supreme Court of Alabama
Action of Trespass for Wrongful Levy upon and Talcing and Carrying Away of Property. Appeal from the Circuit Court of Perry. This was an action brought by Steiner Bros, against the appellants, to recover damages for taking and carrying away a stock of goods, wares and merchandise and other property in and near the storehouse at Hamburg Station, in Perry county, then occupied by the plaintiffs, but shortly before that time occupied by one I. L. Levy.
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Action of Trespass for Wrongful Levy upon and Talcing and Carrying Away of Property. Appeal from the Circuit Court of Perry. This was an action brought by Steiner Bros, against the appellants, to recover damages for taking and carrying away a stock of goods, wares and merchandise and other property in and near the storehouse at Hamburg Station, in Perry county, then occupied by the plaintiffs, but shortly before that time occupied by one I. L. Levy. The suit was commenced on the fifth day of July, 1892. The defendants, on the 29th day of August, 1892, jointly filed two pleas. The first was a…
1Opinion of the CourtBrickell, C. J.
1. The objections specified to the introduction in evidence of the attachments, of the endorsements thereon of the levy upon and sale of the goods, (the taking and conversion of which, constitute the gravamen of the action), made by the sheriff, a party defendant, was, that the attachment was a part only of the record. Admitting this to be true, we do not perceive the necessity for the introduction of any other .part of the record by the plaintiffs. If there were other parts, which would have lessened the force of these endorsements as evidence, that the goods had been taken .and by sale…
2Cases cited19 opinions
- Cobb v. MaloneSupreme Court of Alabama · 1890
- Crawford v. StateSupreme Court of Alabama · 1895
- Snodgrass v. Branch Bank at DecaturSupreme Court of Alabama · 1854
- Carter v. ChambersSupreme Court of Alabama · 1885
- Jackson v. StateSupreme Court of Alabama · 1884
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3Cited by23 opinions
- Beatty v. PalmerSupreme Court of Alabama · 1916
- Fulsom-Morris Coal & Mining Co. v. MitchellSupreme Court of Oklahoma · 1913
- Richter v. RichterSupreme Court of Alabama · 1913
- Baker v. Lehman, Weil & Co.Supreme Court of Alabama · 1914
- McCain v. StateCourt of Criminal Appeals of Alabama · 1971
18 more not listed; retrieve them via the Exa API.