Folsom v. Carnley

Plaintiff sued in statutory detinue for the automobile seized in the collection of taxes and sold by the tax collector, and for damages for its detention.

There was no error in denying the motion for a new trial on the ground and facts as to waiver stated. Hurt v. Southern Ry. Co., 205 Ala. 179, 182, 87 South. 533.

The suit was filed July 11, 1921, shortly after the automobile had been taken into possession of defendant; on July 14 replevin bond was given and the possession restored to defendant; and on July 22 the alleged tax sale was made by the tax collector. Prior to the taking of the car…