Brinson v. Edwards
Supreme Court of Alabama
Appeal from the Circuit Court of Lowndes. Tried before the Hon. John Moore. This action was brought by M. L. Edwards against R. E. Brinson and others, to recover damages for an alleged trespass, which was the levy by said Brinson, as sheriff, of an attachment against L). B. Avenger, in favor of Goetter, Weil & Co., on a stock of goods which the plaintiff claimed to have purchased from said Avenger prior to the levy; and the attaching creditors were joined as defendants.
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Appeal from the Circuit Court of Lowndes. Tried before the Hon. John Moore. This action was brought by M. L. Edwards against R. E. Brinson and others, to recover damages for an alleged trespass, which was the levy by said Brinson, as sheriff, of an attachment against L). B. Avenger, in favor of Goetter, Weil & Co., on a stock of goods which the plaintiff claimed to have purchased from said Avenger prior to the levy; and the attaching creditors were joined as defendants. No pleas are set out in the record, and the judgment-entry only recites a trial on issue joined; but the bill of exceptions…
1Opinion of the CourtWalker, J.
— -In the record proper no mention is made of any pleas filed by the defendants, nor is there anything in the judgment-entry to indicate upon what issues the case was tried. The bill of exceptions recites that “the defendants, in short by consent, plead the general issue and justification under a writ of attachment issued against D. B. Avenger.” It is true that it is not a function of the bill of exceptions to show the pleadings in a cause, and that, as a rule, when the pleas are not set out in the record proper, the presumption to be indulged on appeal is that the case was tried on the…
2Cases cited14 opinions
- Carter v. ChambersSupreme Court of Alabama · 1885
- Lehman, Durr & Co. v. Kelly & Bro.Supreme Court of Alabama · 1880
- Petty v. DillSupreme Court of Alabama · 1875
- Levy & Co. v. WilliamsSupreme Court of Alabama · 1885
- Pollak v. SearcySupreme Court of Alabama · 1887
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3Cited by16 opinions
- Spraggins v. StateSupreme Court of Alabama · 1903
- Dannelley v. StateSupreme Court of Alabama · 1900
- Long v. BooeSupreme Court of Alabama · 1894
- Buell v. MillerSupreme Court of Alabama · 1932
- Federal Land Bank of New Orleans v. RoweSupreme Court of Alabama · 1931
11 more not listed; retrieve them via the Exa API.