McElhaney v. Gilleland
Supreme Court of Alabama
Appeal from tire City Court of Mobile. Tried before the Hon. Alex. McKietstry. This action was brought by Coil Gilleland, against Edward Sexana, James A. McElhaney, James Nelly, and William S. Paine, and was commenced in a justice’s court.
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Appeal from tire City Court of Mobile. Tried before the Hon. Alex. McKietstry. This action was brought by Coil Gilleland, against Edward Sexana, James A. McElhaney, James Nelly, and William S. Paine, and was commenced in a justice’s court. The defendants removed the case, by appeal, to the city court, where the plaintiff filed the following statement, or complaint: “The plaintiff claims of the defendants, McElhaney as constable, and Kelly and Paine as sureties on his official bond as constable, and Edward Sexana, the sum of fifty dollars, as damages for wrongfully taking and selling tbe…
1Opinion of the Court
"WALKER, J.
If tbe plea found in tbe record be tbe plea of only one defendant, as tbe appellant’s counsel insists, because tbe word defendant is used in the singular, of which defendant is it tbe plea ? It would be impossible to answer this question; and to bold that it is tbe plea of only one defendant, and yet be unable to determine of which defendant it is tbe plea, is to make nonsense of tbe record. Tbe attorneys subscribe tbe plea “for defendants,” — in tbe plural; and then tbe court says, in its minutes, that “as to tbe other defendants,” besides tbe one as to whom there was a…
2Cases cited29 opinions
- Walker v. CuthbertSupreme Court of Alabama · 1846
- Dougherty v. ColquittSupreme Court of Alabama · 1841
- Morrison v. MorrisonSupreme Court of Alabama · 1831
- Abercrombie v. MoselySupreme Court of Alabama · 1839
- Governor ex rel. Simmons v. HancockSupreme Court of Alabama · 1841
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3Cited by25 opinions
- Mobile County v. WilliamsSupreme Court of Alabama · 1913
- Union Indemnity Co. v. WebsterSupreme Court of Alabama · 1928
- Ex parte BuckleySupreme Court of Alabama · 1875
- Coleman v. RobertsSupreme Court of Alabama · 1896
- Davis v. CookSupreme Court of Alabama · 1880
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