Harsison v. Marshall
Supreme Court of Alabama
Error from the Circuit court of Dallas. Action on the case. At the September term of the Circuit court of Dallas county, the plaintiff, who sued for the use of Peter Wyckoff, Joseph Pickens and Plugh Ferguson, declared against the defendant, for that, whereas, theretofore, to wit, at the term of the Circuit court, for the county and 'State aforesaid, which was held on the first Monday in October, eighteen hundred and twenty-nine, at-to wit, in the county aforesaid, the…
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Error from the Circuit court of Dallas. Action on the case. At the September term of the Circuit court of Dallas county, the plaintiff, who sued for the use of Peter Wyckoff, Joseph Pickens and Plugh Ferguson, declared against the defendant, for that, whereas, theretofore, to wit, at the term of the Circuit court, for the county and 'State aforesaid, which was held on the first Monday in October, eighteen hundred and twenty-nine, at-to wit, in the county aforesaid, the plaintiff, by the consideration and judgment of said court, recovered against James and Elisha Owens, and William Huddleston,…
1Opinion of the CourtOrmond, J.
This was an action of trespass on the case, brought by the plaintiff in error against the defendant in error, for negligence in failing, as sheriff, to make money on executions of the plaintiff.
At the term of the court previous to the trial of the first cause, a verdict was had for the plaintiff. The court granted a new trial, on the payment of all costs, as a condition precedent. At the succeeding term of the court, affidavits were filed by both parties; and on motion of the defendant, the court reinstated the cause on the docket.
At a trial of the cause, a bill of exceptions was taken by the…
2Cited by3 opinions
- Eslava v. FarleySupreme Court of Alabama · 1882
- J. R. Raible Co. v. City Bank & Trust Co.Supreme Court of Alabama · 1929
- Citizens Bank v. J. C. Hass & Co.Supreme Court of Alabama · 1907