Du Bose v. Marx
Supreme Court of Alabama
Appeal from Circuit Court of Sumter. The record does not give tbe name of the presiding judge. Appellant, Louisa Du Bose, brought trespass against appellee, Marx, for causing the sheriff, to whom appellee, plaintiff in execution, executed an indemnifying bond, to levy upon and sell, under execution issued in a judgment against a third person, a horse belonging to appellant.
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Appeal from Circuit Court of Sumter. The record does not give tbe name of the presiding judge. Appellant, Louisa Du Bose, brought trespass against appellee, Marx, for causing the sheriff, to whom appellee, plaintiff in execution, executed an indemnifying bond, to levy upon and sell, under execution issued in a judgment against a third person, a horse belonging to appellant. The appellee, defendant in the court below, pleaded two pleas: First, the general issue, in short by consent, with leave to give in evidence any matter which might be' specially pleaded. Secondly, a special plea setting…
1Opinion of the CourtManning, J.
Appellee having a judgment against Kimbrough G. Du Bose, caused an execution thereupon to be levied on a horse belonging to appellant, and the horse to be sold to satisfy it, — appellee having executed to the sheriff a bond to indemnify him against loss for making the seizure and sale. One Bruce became the purchaser of the horse, and was sued in detinue for him by appellant, in which action she obtained verdict and judgment against Bruce’s administrator, after his death, for the horse, or his value, in the alternative, and for damages for the detention, — but not satisfaction *509thereof.…
2Cases cited2 opinions
- Firemen's Insurance v. Cochran & Co.Supreme Court of Alabama · 1855
- Blann v. CrocheronSupreme Court of Alabama · 1851
3Cited by6 opinions
- Vandiver & Co. v. PollakSupreme Court of Alabama · 1894
- Huey v. DykesSupreme Court of Alabama · 1919
- McCoy v. L. & N. R. R.Supreme Court of Alabama · 1905
- Bradford v. CarsonSupreme Court of Alabama · 1931
- State ex rel. Bashe v. BoyceCourt of Appeals of Maryland · 1890
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