Johnson v. West
Supreme Court of Alabama
Appeal from tbe City Court of Montgomery. Tried before the Hon. Thomas M. Arrington. In 1861, B. P. Loftin recovered a judgment in the circuit court of Montgomery against Briton West, and by virtue of an execution issued thereon in 1866, Loftin caused Johnson, the sheriff, to levy on and sell one bale of cotton, the property of the plaintiffs, who brought suit against said Johnson and Loftin, to recover damages for the conversion of said cotton.
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Appeal from tbe City Court of Montgomery. Tried before the Hon. Thomas M. Arrington. In 1861, B. P. Loftin recovered a judgment in the circuit court of Montgomery against Briton West, and by virtue of an execution issued thereon in 1866, Loftin caused Johnson, the sheriff, to levy on and sell one bale of cotton, the property of the plaintiffs, who brought suit against said Johnson and Loftin, to recover damages for the conversion of said cotton. The case was tried at the fall term, 1857, and resulted in verdict and judgment for plaintiffs for $156.10, besides costs. On the trial, as shown by…
1Opinion of the CourtB. F. Saffold, J.
The motion to strike the case from the docket was properly overruled. A general appearance by the defendant cures the want of service of process, and is a waiver of any defect or irregularity in the service.— *691Goldsmith v. Stetson & Co., 39 Ala. 184; Lampley v. Blavers et al., 25 Ala. 534.
The testimony of West respecting the value of the cotton, was admissible. The price which a similar quality sold for, on the day of the levy, in the city of Montgomery, only twenty-eight miles distant, was a criterion from which the value of this cotton could be deduced.—Ward v. Reynolds, 32 Ala. 384; Foster…
2Cases cited3 opinions
- Ward v. ReynoldsSupreme Court of Alabama · 1858
- Lampley v. BeaversSupreme Court of Alabama · 1854
- Foster v. RodgersSupreme Court of Alabama · 1855
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