Zackowski v. Jones
Supreme Court of Alabama
Ekbok to the Circuit Court of Dallas. Tried before the Hon. E. Pickens. This was an action of trespass, brought by the plaintiff in error against the defendant, who was the .sheriff of Dallas county, to recover damages for the defendant’s unlawful act in levying certain attachments against Wolf & Lacks, on a stock of goods which, the plaintiff claimed' as his property.
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Ekbok to the Circuit Court of Dallas. Tried before the Hon. E. Pickens. This was an action of trespass, brought by the plaintiff in error against the defendant, who was the .sheriff of Dallas county, to recover damages for the defendant’s unlawful act in levying certain attachments against Wolf & Lacks, on a stock of goods which, the plaintiff claimed' as his property. The plaintiff offered in evidence the depositions of said Wolf and Lacks, to prove the consideration of the sale to himself. The defendant objected to their admission, and the court excluded them, on the ground that the act of…
1Opinion of the CourtDargan, C. J.
It appears that the plaintiff bought a stock of goods from Wolf & Lacks, and afterwards the defendant, as sheriff of Dallas, levied several attachments upon ■them, as the property of Wolf & Lacks. The plaintiff brought trespass against the sheriff, and to prove the fairness of the sale of the goods to him, introduced the deposition of his vendors. The defendant objected to this evidence, on the ground that the statute of 1845, prohibiting defendants in execution from giving testimony upon the trial of the right of property, applied to this case, and excluded the witness. The court sustained…
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