Johnson v. Cook
Supreme Court of Alabama
Appeal from Butler Circuit Court. Tried before lion. John P. Hubbard. The nature of this proceeding, the defense made thereto, and the facts disclosed by the evidence are sufficiently stated in the opinion. The court charged the jury, on written request, that if they believed the evidence they must find for the plaintiff in the original suit, defendant in this proceeding; and to this charge Johnson, the petitioner, excepted.
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Appeal from Butler Circuit Court. Tried before lion. John P. Hubbard. The nature of this proceeding, the defense made thereto, and the facts disclosed by the evidence are sufficiently stated in the opinion. The court charged the jury, on written request, that if they believed the evidence they must find for the plaintiff in the original suit, defendant in this proceeding; and to this charge Johnson, the petitioner, excepted. This ruling, and the ruling on the evidence noted in the opinion, among others, are here assigned as error.
1Opinion of the CourtStone, J.
— The present controversy arose on petition for su/persedeas of writ of possession. The petition avers that, in January, 1881, suit was brought in the name of Hamp. Cook, the appellee, in the Circuit Court of Butler county, against Johnson, the petitioner, for the recovery of a small lot of land in Greenville; said Hamp. Cook being at the time, and for many years before, a resident of Florida. The petition then avers that Hamp. Cook did not authorize the bringing of said suit, had no knowledge of its bringing or pendency, and never approved or ratified its prosecution. It avers that Cook set…
2Cases cited4 opinions
- Bernstein v. HumesSupreme Court of Alabama · 1877
- Foster v. JohnsonSupreme Court of Alabama · 1881
- Martin v. TallySupreme Court of Alabama · 1882
- Moses v. DadeSupreme Court of Alabama · 1877
3Cited by10 opinions
- Beck & Pauli Lithographing Co. v. HouppertSupreme Court of Alabama · 1894
- Burroughs v. Pacific Guano Co.Supreme Court of Alabama · 1886
- Kant v. Atlanta, Birmingham & Atlantic R. R.Supreme Court of Alabama · 1914
- Davis v. CurrySupreme Court of Alabama · 1887
- Drinkard v. Embalmers Supply Co.Supreme Court of Alabama · 1943
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