Munter & Faber v. Reese
Supreme Court of Alabama
Appeal from Circuit Court of Lowndes. Tried before Hon. J. Q. Smith. Appellants, Munter & Faber, brought suit against Ann Reese and others, upon a bond executed by the latter to the former. The defendants demurred, the court sustained the demurrer, and plaintiffs declining to amend further, judg-ment was rendered for defendants. The nature of the ease is sufficiently stated in the opinion. The judgment on demurrer is now assigned for error.
1Opinion of the CourtBrickell, C. J.
The questions arising in this cause are presented by the pleadings, and the one of importance is the validity of the bond on which the suit is founded. The complaint sets out the bond in haec verba, and its recitals are, that the appellants had commenced an action of detinue against one Perry Reese for the recovery of two hundred and thirty bushels of corn, and obtained an order directing the sheriff to take the corn into possession. The sheriff having seized the corn in obedience to the order, it was claimed by the principal obligor, Ann Reese, as her property, and delivered to her on the…
2Cases cited5 opinions
- Butler v. O'BrienSupreme Court of Alabama · 1843
- Whitsett v. WomackSupreme Court of Alabama · 1845
- Claasen v. ShawSupreme Court of Pennsylvania · 1836
- Hester v. KeithSupreme Court of Alabama · 1840
- Sewall v. FranlinSupreme Court of Alabama · 1835
3Cited by7 opinions
- Chambers v. ClineWest Virginia Supreme Court · 1906
- Title & Trust Co. v. United States Fidelity & Guaranty Co.Oregon Supreme Court · 1931
- Bunneman & Martononi v. WagnerOregon Supreme Court · 1888
- Jenkins v. Lockard's Adm'rSupreme Court of Alabama · 1880
- Jaffe v. Fidelity & Deposit Co.Alabama Court of Appeals · 1913
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