O'Neal v. Brown
Supreme Court of Alabama
Error to tbe Circuit Court of Tuskaloosa. Tried before tbe Hon. Thomas A. Walker. Tbe trespass complained of in both actions being one single act, tbe first recovery is a bar to tbe second action; and tbe mere fact that tbe plaintiff claimed a part of tbe goods as trustee, cannot vary tbe case.
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Error to tbe Circuit Court of Tuskaloosa. Tried before tbe Hon. Thomas A. Walker. Tbe trespass complained of in both actions being one single act, tbe first recovery is a bar to tbe second action; and tbe mere fact that tbe plaintiff claimed a part of tbe goods as trustee, cannot vary tbe case. Oliver v. Holt, 11 Ala. 574; Bendernagle v. Cocks, 19 Wend. 207; White et al. v. Oliver, Moseley et al., 8 Pick. 856; Hite v. Long, 6 Band. 457; Furrington & Smith v. Payne, 15 Johns. 431. On tbe question of mingled goods, I refer tbe court to tbe cases of Shumway v. Rutter, 8 Pick. 443, and Bond v.…
1Opinion of the CourtDaegan, C. J.
— This was an action of TRESPASS commenced by Brown against Lyon and O’Neal, for the taking of certain goods, wares and merchandize, the property of the plaintiff. Lyon died, and the suit abated as to him. The defendant O’Neal pleaded not guilty, justification, and a former recovery for the same trespass. To the plea of former recovery, the plaintiff replied nul tiel record. This issue was tried by the court, and was decided against the defendant, who excepted to the judgment of the court, and now assigns it for error. In support of the plea of former recovery, the defendant introduced the…
2Cases cited5 opinions
- Bendernagle v. CocksNew York Supreme Court · 1838
- Farrington v. PayneNew York Supreme Court · 1818
- Oliver v. HoltSupreme Court of Alabama · 1847
- Pinney v. BarnesSupreme Court of Connecticut · 1845
- Hite v. LongSupreme Court of Virginia · 1828
3Cited by17 opinions
- Foster v. NapierSupreme Court of Alabama · 1883
- Vandiver & Co. v. PollakSupreme Court of Alabama · 1894
- Sessions v. Jack Cole CompanySupreme Court of Alabama · 1963
- South & North Alabama Railroad v. Henlein & BarrSupreme Court of Alabama · 1876
- McCoy v. L. & N. R. R.Supreme Court of Alabama · 1905
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