Dewrell v. Odom

On Rehearing.

LAWSON, Justice.

It is insisted on application for rehearing that in denying the petition for writ of certiorari filed in this case we have given approval to the action of the Court of Appeals in overruling two decisions of this court, namely, Clem v. Wise, 133 Ala. 403, 31 So. 986, and Merrill et al. v. Travis, 248 Ala. 42, 26 So.2d 258, in so far as they indicate that a judgment in detinue against a defendant and the sureties on his replevy bond is irregular.

But we do not think the opinion of the Court of Appeals is in any wise in conflict with the holdings in the cases above…