Smith v. Kaufman
Supreme Court of Alabama
Appeal from the Circuit Court of Jefferson. Tried before tbe Hon. James J. Banks. Action by 8. Kaufman against Joseph S. Smith and others, the sheriff, and the sureties on his official bond, for trespass in seizing property belonging to plaintiff. The facts are sufficiently stated in the opinion of the court.
Read the full summary
Appeal from the Circuit Court of Jefferson. Tried before tbe Hon. James J. Banks. Action by 8. Kaufman against Joseph S. Smith and others, the sheriff, and the sureties on his official bond, for trespass in seizing property belonging to plaintiff. The facts are sufficiently stated in the opinion of the court. The defendant requested the court to give the charge referred to in the opinion as charge 9, which is set out in full in the 6th headnote, and to the refusal of the court to give said charge the defendant duly excepted.
1Opinion of the CourtStone, C. J.
This is the second appeal in this case. —Smith v. Kaufman, 94 Ala. 364.
Smith, the defendant in the court below, demanded a str.uck jury under our statute, Code of 1886 § 2752. Lists of jurors containing 24 names had been furnished to counsel on each side, and the process of striking had been entered upon. Each party had struck two jurors from the list, leaving twenty names not passed on. At this stage of the selection, the presiding judge propounded to the remaining twenty jurors certain inquiries with a view of ascertaining their qualifications and fitness for the particular service they…
2Cases cited17 opinions
- McArthur v. Carrie's Adm'rSupreme Court of Alabama · 1858
- Hodges Bros. v. Coleman & CarrollSupreme Court of Alabama · 1884
- Dothard v. DensonSupreme Court of Alabama · 1882
- Montgomery & Eufaula Railway Co. v. ThompsonSupreme Court of Alabama · 1884
- Lehman, Durr & Co. v. Kelly & Bro.Supreme Court of Alabama · 1880
12 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Dorough v. Alabama Great Southern R. Co.Supreme Court of Alabama · 1930
- Yolande Coal & Coke Co. v. PierceAlabama Court of Appeals · 1915
- Brilliant Coal Co. v. BartonSupreme Court of Alabama · 1919