Legal Opinion

Thornton v. Cochran

Supreme Court of Alabama

Decided June 15, 1874PublishedCited by 11 opinions

Appeal from the Circuit Court of Cberokee. Tried before tbe Hon. W. J. Haralson. This action was brought by W. W. Cochran against R. S. Thornton, the complaint being in these words : “ The plaintiff claims of the defendant fifteen hundred dollars, a.s damages, for wrongfully taking the following goods and chattels, the property of the plaintiff, to wit, on the-day of February, 1871, eleven bales of lint cotton, seventeen thousand pounds of seed cotton, three hundred bushels…

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Appeal from the Circuit Court of Cberokee. Tried before tbe Hon. W. J. Haralson. This action was brought by W. W. Cochran against R. S. Thornton, the complaint being in these words : “ The plaintiff claims of the defendant fifteen hundred dollars, a.s damages, for wrongfully taking the following goods and chattels, the property of the plaintiff, to wit, on the-day of February, 1871, eleven bales of lint cotton, seventeen thousand pounds of seed cotton, three hundred bushels of corn, and twenty-five bushels of wheat.” The defendant demurred to the complaint — 1st, “ because the property…

1Opinion of the CourtSaffold, J.

The appellant asks for a rehearing, on the ground that the court assumed the taking of the property to have been done by force. The witness Anderson said, “ Ramsey, who was deputy sheriff of Etowah county, and who pretended to be acting in that capacity, turned over said property to defendant.” “ In a few days afterwards, all the said property, except the cotton, and about fifty bushels of corn which had been destroyed, was returned to plaintiff.” “Defendant replied ” (to a proposition of plaintiff to pay, if any balance was due), “ he wanted money, and money he would have.” Ramsey said, he…

2Cited by11 opinions

  1. Street v. SinclairSupreme Court of Alabama · 1881
  2. Rhodes-Carroll Furniture Co. v. WebbSupreme Court of Alabama · 1935
  3. Cox v. StuartSupreme Court of Alabama · 1934
  4. Stallworth v. DossSupreme Court of Alabama · 1967
  5. Thorn v. KempSupreme Court of Alabama · 1893

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