Legal Opinion

Little v. Fitts

Supreme Court of Alabama

Decided June 15, 1858PublishedCited by 7 opinions

Appeal from the Circuit Court of Mobile. Tried before the Hon. Nat. Cook. In this case, an execution was issued by a justice of the peace of Tuskaloosa county, on a judgment rendered by another justice of said county, in favor of one John Little, against E. H. Eipley; and was levied by a constable of Mobile county on a slave, as the property of said Eipley.

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Appeal from the Circuit Court of Mobile. Tried before the Hon. Nat. Cook. In this case, an execution was issued by a justice of the peace of Tuskaloosa county, on a judgment rendered by another justice of said county, in favor of one John Little, against E. H. Eipley; and was levied by a constable of Mobile county on a slave, as the property of said Eipley. A claim was interpose^ to the slave by one John Eitts, before E. E. Butt, a justice of the peace of Mobile county, and a bond given for the forthcoming of the slave, “at the court-house in Mobile, on the 14th February, 1855, at 10 o’clock,…

1Opinion of the Court

BICE, C. J.—

The only question here is, whether the circuit court of Mobile had jurisdiction of the case. The execution was issued in December, 1854, by a justice of the peace of Tuskaloosa county, under a judgment rendered in that county in 1848, and was levied upon a slave by a constable in Mobile county. A claim to the slave was interposed, and thereupon a trial of the right of *345property was had by a jury before a justice of the peace of Mobile county. The jury found the property not subject; but no judgment whatever appears to have been rendered by the justice before whom the trial of the…

2Cases cited5 opinions

  1. Gunn v. HowellSupreme Court of Alabama · 1855
  2. Crabtree v. CliattSupreme Court of Alabama · 1853
  3. Vaughan v. RobinsonSupreme Court of Alabama · 1852
  4. Caldwell v. MeadorSupreme Court of Alabama · 1843
  5. Dew v. Bank of the StateSupreme Court of Alabama · 1846

3Cited by7 opinions

  1. State v. PollockSupreme Court of Alabama · 1948
  2. Russ v. The Steamboat War EagleSupreme Court of Iowa · 1862
  3. Francis-Chenoweth Hardware Co. v. BaileySupreme Court of Alabama · 1894
  4. First National Bank v. DunnSupreme Court of Alabama · 1893
  5. Moynahan v. PeopleSupreme Court of Colorado · 1877

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