Drinkard v. Oden
Supreme Court of Alabama
Appear from Morgan Circuit Court. Heard before Hon. I). W. Speaice. Action by T. B. Drinkard against O. A. Oden. From a judgment for defendant, plaintiff appeals. The 1st and 2nd grounds of demurrer to defendant’s jilea should have been sustained.
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Appear from Morgan Circuit Court. Heard before Hon. I). W. Speaice. Action by T. B. Drinkard against O. A. Oden. From a judgment for defendant, plaintiff appeals. The 1st and 2nd grounds of demurrer to defendant’s jilea should have been sustained. There Is no room for construction. — Hilliard v. The State, 100 Ala. 634; Index Annimo Surmo; M axioell v. Tli e State, 89 Ala. 150; Harrison v. The State, 102 Ala. 170; Montgomery v. Gaston, 126 Ala. 446. The courts are not concerned about whether a statute is a wise and judicious exercise of the legislative power.- — Shepherd v. Dowling, 127 Ala.…
1Opinion of the CourtTyson, C. J.
This is an action of detinue to recover certain personal property, to-wit, four hogs. It is made to appear both by the pleadings and the proof that this action was commenced after the defendant in this case had taken possession of the hogs, which were found at-large and uncontrolled on his premises, and had instituted the legal proceeding requisite to a determination of the respective rights of the parties before a justice of the peace having jurisdiction to determine the validity of the seizure and the amount of the damage, etc:, as provided by Act Sept. 29, 1903 (Gen. Acts 1903, p. 431). It…
2Cases cited1 opinion
- Wood v. WoodSupreme Court of Alabama · 1901
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- Ex parte LaneAlabama Court of Appeals · 1914
- Carson v. RainsSupreme Court of Alabama · 1939
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