Fuller v. Eames
Supreme Court of Alabama
Appeal from Circuit Court of Clarke county. Tried before Hon. JohN C. AndersoN. This is a statutory action of detinue brought by ■ the appellant against the appellee, in the Circuit Court of Clarke county, for the recovery of 112 telegraph poles. At the commencement of the suit the plaintiff made affidavit and gave bond and the property (96 poles) was seized by the sheriff.
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Appeal from Circuit Court of Clarke county. Tried before Hon. JohN C. AndersoN. This is a statutory action of detinue brought by ■ the appellant against the appellee, in the Circuit Court of Clarke county, for the recovery of 112 telegraph poles. At the commencement of the suit the plaintiff made affidavit and gave bond and the property (96 poles) was seized by the sheriff. The defendant failing for five days to give bond, the property was delivered to the plaintiff upon his giving the bond prescribed by law. The complaint is in the statutory form. The defendant interposed the plea of the…
1Opinion of the CourtHabalson, J.
The papers in the attachment suit before the justice of the peace, were competent evidence to show that the plaintiff in this suit, had sued out said attachment, and sought thereby, to have the property sued for in this action as his, levied on and condemned in said attachment suit, as the property of defendant; that in that proceeding, he claimed that the property levied on was the defendant's, and in this, that it belongs to him. The bond and writ were in regular form. • The affidavit,' if defective as claimed, might have been reached by a motion to quash or by a plea in abatement, but it…
2Cases cited4 opinions
- Lehman, Durr & Co. v. Van Winkle & Co.Supreme Court of Alabama · 1890
- Tanner & Delaney Engine Co. v. HallSupreme Court of Alabama · 1889
- Montgomery Iron Works v. SmithSupreme Court of Alabama · 1893
- Thomason v. LewisSupreme Court of Alabama · 1893
3Cited by8 opinions
- Alexander v. Mobile Auto Co.Supreme Court of Alabama · 1917
- Mobile Towing & Wrecking Co. v. HartwellSupreme Court of Alabama · 1922
- Hickman v. RichburgSupreme Court of Alabama · 1898
- Barbour Plumbing, Heating & Electric Co. v. EwingAlabama Court of Appeals · 1917
- Ex parte LoganSupreme Court of Alabama · 1914
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