Lehman, Durr & Co. v. Ferrell
Supreme Court of Alabama
Appeal from Montgomery Circuit Court. Tried before Hon. James E. Cobb. Tlie nature of the case, and the facts disclosed by the evidence are sufficiently stated in the opinion. At the written request of the plaintiff, Ferrell, the court charged the jury that if they believed all the evidence, they must find the issue in favor of the plaintiff, and the horse in controversy liable to the satisfaction of his execution.
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Appeal from Montgomery Circuit Court. Tried before Hon. James E. Cobb. Tlie nature of the case, and the facts disclosed by the evidence are sufficiently stated in the opinion. At the written request of the plaintiff, Ferrell, the court charged the jury that if they believed all the evidence, they must find the issue in favor of the plaintiff, and the horse in controversy liable to the satisfaction of his execution. To this charge the claimants, Lehman, Durr & Co., excepted, and here assign the same as error.
1Opinion of the Court
STONE, J
The single question raised by the record, and to which the arguments of counsel are directed, is, whether or not the lien given by the act of 1880-81, approved December 8th, 1880 (Acts 188Ó-81, p. 260), entitled “ An act to prohibit the owner of. any horse, mule, ass, cow, hog, sheep, or goat, from allowing any such animal to go at large off the premises of such owner in Montgomery county, except certain portions enumerated and defined herein, and to prescribe a rule of damages, and rules of practice in cases arising under this act,” is superior to, and overrides the lien of a…
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