Stephens v. Head
Supreme Court of Alabama
Appeal from Cleburne Circuit Court. Tried before Hon. Jxo. Pelham. Tlie facts of tlie case are sufficently stated in tlie opinion.
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Appeal from Cleburne Circuit Court. Tried before Hon. Jxo. Pelham. Tlie facts of tlie case are sufficently stated in tlie opinion. Tlie court, at tlie request of tlie plaintiff, gave to tlie jury tlie following written charges: (3.) “The court charges the jury that if from the evidence they find that the shoes levied upon in this case belong to John I). Head and when levied upon were in the possession of Henry, and that Tomlinson was in the possession of the goods when W. J. Henry levied upon them, then they must find the issue in favor of the plaintiff and assess his damages at what the…
1Opinion of the CourtColeman, J.
This was an action by appellee, plaintiff, against the sheriff of Cleburne, to recover damages for the seizure and sale of goods and merchandise. To state the facts and tendencies of the facts with which there is no conflict, they are substantially as follows : The plaintiff residing in Anniston let one J. F. Willoughby, who was merchandising in Cleburne county, “have” the goods in controversy, together with other goods. The contract of sale was that the legal title was to remain in the plaintiff, the vendor. These goods were put in the store of Willoughby with his other goods and were sold…
2Cited by2 opinions
- McFry v. StewartSupreme Court of Alabama · 1929
- Stephens v. HeadSupreme Court of Alabama · 1903