Kennon & Hill v. Adams Bros
Supreme Court of Alabama
Appeal from the Circuit Court of Lee. Tried before the Hon. J. M. Carmichael. Adams Bros, brought an action of detinue against Thomas E. Altha, and Kennon & Hill, interposed a claim to the property sued for. Upon the claimants giving bond pursuant to the statute the property was delivered to them by the sheriff. On motion of the plaintiff and with the claimants consent, the court dismissed the claim.
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Appeal from the Circuit Court of Lee. Tried before the Hon. J. M. Carmichael. Adams Bros, brought an action of detinue against Thomas E. Altha, and Kennon & Hill, interposed a claim to the property sued for. Upon the claimants giving bond pursuant to the statute the property was delivered to them by the sheriff. On motion of the plaintiff and with the claimants consent, the court dismissed the claim. On April 28, 18191, the following judgment entry was made : “This cause coming on to be heard, come the parties by attorneys, and the issues were made up under order of the court, and plaintiff…
1Opinion of the CourtMcCLELLAN, J.
On the dismissal of appellant’s claim in the court below at plaintiffs’ motion to which claimants consented, there should have been a formal judgment of dismissal and for the costs of the claim suit. Beyond this it was not necessary for the judgment to go. The execution of bond by claimants and their possession of the property under the bond at the time of the dismissal of their claim, taken in connection with the fact and judgment of dismissal, brought the case within the provisions of section 3008 of the Code as applied to actions of detinue by the Act of February 26, 1889—Acts 1888-9, p.…
2Cited by3 opinions
- Tobias & Co. v. Treist & Co.Supreme Court of Alabama · 1893
- Petree v. Wilson Bros. & Co.Supreme Court of Alabama · 1893
- Kelley v. LovettSupreme Court of Alabama · 1938