Elrod v. Hamner
Supreme Court of Alabama
Appeal from the Circuit Court of Tuscaloosa. Tried before the Hon. S. H. Sprott. This was an action brought by J. J. Hamner, the appellee, against Milton M. Elrod and the sureties on his official bond as constable. The substance of the two counts contained in the complaint are sufficiently stated in the opinion.
Read the full summary
Appeal from the Circuit Court of Tuscaloosa. Tried before the Hon. S. H. Sprott. This was an action brought by J. J. Hamner, the appellee, against Milton M. Elrod and the sureties on his official bond as constable. The substance of the two counts contained in the complaint are sufficiently stated in the opinion. To the 1st and 2d counts of the complaint the defendant demurred upon the following grounds : “1. In that they each fail to aver that the property alleged to have been seized by the defendant Elrod, as constable, was the pi’operty of the plaintiff, or that he was damaged in any manner…
1Opinion of the CourtTyson, J.
This action was commenced by appellee against appellant, who was a constable, and the sureties upon his official bond.
*467Ill the first count of the complaint it is alleged that upon the seizure by defendant, under a writ of detinue, of 1,000 pounds of lint cotton, “which was at the time in the possession of plaintiff [appellee] and bona fide claimed by him as his property,” plaintiff, within five days thereafter, tendered “a proper forthcoming bond to said constable as provided by section 2717 of the Code of Alabama, and made demand of said constable to deliver back to plaintiff the said cotton…
2Cases cited6 opinions
- McElhaney v. GillelandSupreme Court of Alabama · 1857
- Thorn v. KempSupreme Court of Alabama · 1893
- Burgin v. RapleeSupreme Court of Alabama · 1893
- Couch v. DavidsonSupreme Court of Alabama · 1895
- Gay v. BurgessSupreme Court of Alabama · 1877
1 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Torbert v. McFarlandSupreme Court of Alabama · 1911
- Poole v. GriffithSupreme Court of Alabama · 1927
- Burton v. CefaluSupreme Court of Alabama · 1910
- Pruett v. WilliamsSupreme Court of Alabama · 1908
- Williams v. RaganSupreme Court of Alabama · 1907
2 more not listed; retrieve them via the Exa API.