Daniel v. Hardwick
Supreme Court of Alabama
Appeal from the Circuit Court of Cherokee. Tried before the Hon. John B. Tally. This action was brought by Mrs. Emily E. Hardwick, the wife of G-. L. Hardwick, against John S. Daniel, the sheriff of the county, to recover a horse, buggy and harness, which the defendant had seized under execution against the plaintiff’s husband; and was commenced on the 20th December, 1883. The complaint alleged, “that the plaintiff is, and was at the commencement of this suit, a married…
Read the full summary
Appeal from the Circuit Court of Cherokee. Tried before the Hon. John B. Tally. This action was brought by Mrs. Emily E. Hardwick, the wife of G-. L. Hardwick, against John S. Daniel, the sheriff of the county, to recover a horse, buggy and harness, which the defendant had seized under execution against the plaintiff’s husband; and was commenced on the 20th December, 1883. The complaint alleged, “that the plaintiff is, and was at the commencement of this suit, a married woman, the wife of G. L. Hardwick, and that said property is a part of her statutory estate, secured to her under and by…
1Opinion of the CourtClopton, J.
The- complaint in an action of detinue, brought by a married woman, need not allege specially the facts as to how and when she acquired title to the property; these are proper subjects of proof. A general averment, that the property sued for is her statutory separate estate, is sufficient.
2. The defendant filed two special pleas, justifying under legal process. The first avers, substantially, that he took possession of the property as sheriff, under execution issued from the Circuit Court of Cherokee county, in favor of Ayer & McDonald against G. L. Hardwick, which execution was in his hands…
2Cases cited11 opinions
- Queen Insurance v. YoungSupreme Court of Alabama · 1888
- Petty v. DillSupreme Court of Alabama · 1875
- Daffron v. CrumpSupreme Court of Alabama · 1881
- Evans v. EnglishSupreme Court of Alabama · 1878
- Wortham v. GurleySupreme Court of Alabama · 1883
6 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Pellum v. StateSupreme Court of Alabama · 1889
- Brinson v. EdwardsSupreme Court of Alabama · 1891
- Kuykendall v. EdmondsonSupreme Court of Alabama · 1922
- National Commercial Bank v. McDonnellSupreme Court of Alabama · 1890
- Gillespie v. McCleskySupreme Court of Alabama · 1909
5 more not listed; retrieve them via the Exa API.