Morgan v. Wing
Supreme Court of Alabama
Appeal from Clarke Circuit Court. Tried before Hon. H. T. Toulmin. The appellee Wing brought detinue, the complaint being in the form prescribed by the Code, against appellant, Morgan, to recover a mule and wagon. Wing made affidavit, which he neglected to sign, before the clerk, and gave bond to obtain an order of seizure of the property.
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Appeal from Clarke Circuit Court. Tried before Hon. H. T. Toulmin. The appellee Wing brought detinue, the complaint being in the form prescribed by the Code, against appellant, Morgan, to recover a mule and wagon. Wing made affidavit, which he neglected to sign, before the clerk, and gave bond to obtain an order of seizure of the property. The clerk failed to approve the bond in writing, but made the proper order directing the sheriff to seize the property, and the sheriff made return that he had served a copy of the summons and complaint on the defendant, but could not find the property. The…
1Opinion of the CourtStone, J.
When both parties announce themselves ready for trial, and express themselves satisfied with a jury empanneled for the trial, the trial is so far entered upon, as to preclude the consideration of a motion then for the first time made, to suppress an entire deposition taken in the cause. — Code of Ala. § 3081.
The ruling on demurrer, not being shown in the judgment entry, can not be considered by us. If it could, there is nothing in the present demurrer, which, if a defect at all, could be reached in that form. The demurrer only brings up the sufficiency of the complaint.
In an action to recover…
2Cited by4 opinions
- Alabama Great Southern Railroad v. BaileySupreme Court of Alabama · 1895
- National Fertilizer Co. v. HollandSupreme Court of Alabama · 1894
- Merchants National Bank v. GrunthalSupreme Court of Florida · 1896
- Barr v. StateAlabama Court of Appeals · 1913