Chenault v. Walker
Supreme Court of Alabama
Writ of Error to the Circuit Court of St. Cl/ijr., ,Re£ the Hon. G. D. Shortridge. " This was an action on the case, at the suit oiNtee detenc ant in error, against the defendant below, as sherinf’ fusing to permit the plaintiff to replevy certain slaves, which the former had levied on under an attachment against the estate of the latter.
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Writ of Error to the Circuit Court of St. Cl/ijr., ,Re£ the Hon. G. D. Shortridge. " This was an action on the case, at the suit oiNtee detenc ant in error, against the defendant below, as sherinf’ fusing to permit the plaintiff to replevy certain slaves, which the former had levied on under an attachment against the estate of the latter. The cause was tried upon the general issue, with leave to give any special matter in evidence that could be legally pleaded in bar — a demurrer to each count severally, as well as to the entire declaration being overruled. A verdict was returned in favor of…
1Opinion of the CourtCollier, C. J.
1. It is provided by statute, that attachments may be levied on the defendant’s goods and chattels, and that the same shall remain in the custody of the officer seizing them, unless -the defendant or his agent shall enter into a replevy bond, with surety in double the amount *154of the plaintiff’s demand, “conditioned that if the defendant be condemned in the action, he shall return the specific property attached, and in case he fail to do so, the securities will do it for him,” &c. Clay’s Dig. 57, $ 11; 61 § 33. “For taking bonds Of every kind,” the sheriff is entitled to a fee of fifty cents.…
2Cases cited1 opinion
- Massey v. WalkerSupreme Court of Alabama · 1846
3Cited by7 opinions
- Ward v. ReynoldsSupreme Court of Alabama · 1858
- Partridge v. ForsythSupreme Court of Alabama · 1856
- Abbett v. PageSupreme Court of Alabama · 1890
- Avary v. SearcySupreme Court of Alabama · 1873
- Tompkins v. StateSupreme Court of Alabama · 1858
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