Sanders v. Rogers
Alabama Court of Appeals
Appeal from Circuit Court, Houston County; H. A. Pearce, Judge. Action by J. M. Rogers, Sr., against Will D. Sanders) Judgment for plaintiff, and defendant appeals.
1Opinion of the CourtBrown, P. J.
[1] If we concede that the motions to abate the suit and strike it from the docket were timely and appropriate to present the question, and that the facts set up therein showed that the property Was in the custody of the law, and not subject to seizure in an action of detinue at the suit of the true owner — a question on which the authorities seem to be conflicting (34 Cyc. 1379, 1380 [I, B, 3, d, II], and authorities cited under notes 2, 3, and 4; Samuel Frank v. Jenkins Bro. & Chipman, 22 Ohio St. 597; Wm. Powell v. J. Bradlee & Co., 9 Gill & J. [Md.] 220; White v. Dolliver, 113 Mass. 400,…
2Cases cited11 opinions
- Hicks v. MeadowsSupreme Court of Alabama · 1915
- Mohr v. LanganSupreme Court of Missouri · 1901
- Bolton v. CuthbertSupreme Court of Alabama · 1902
- Graham v. NewmanSupreme Court of Alabama · 1852
- White v. DolliverMassachusetts Supreme Judicial Court · 1873
6 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Sims v. United Auto Supply Co.Supreme Court of Alabama · 1930
- Albertville Trading Co. v. BrooksAlabama Court of Appeals · 1927
- Cleckler v. ChildressAlabama Court of Appeals · 1918
- Kinney v. FoustAlabama Court of Appeals · 1923