Kirk v. Morris
Supreme Court of Alabama
Appeal from tbe Chancery Court at Montgomery. Heard before the Hon. N. W. Cocke. The bill in this case was filed, on the 10th January, 1866, by Eben Kirk, against Josiah Morris, "W. O. Bay, A. E. Given, E. H. Metcalf, D. Browder, Edward H. "Wilson, the Bank of Louisiana, (a corporation chartered under the laws of Louisiana, and doing business in the city of New Orleans,) and A. H. Johnson, the sheriff of Montgomery county.
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Appeal from tbe Chancery Court at Montgomery. Heard before the Hon. N. W. Cocke. The bill in this case was filed, on the 10th January, 1866, by Eben Kirk, against Josiah Morris, "W. O. Bay, A. E. Given, E. H. Metcalf, D. Browder, Edward H. "Wilson, the Bank of Louisiana, (a corporation chartered under the laws of Louisiana, and doing business in the city of New Orleans,) and A. H. Johnson, the sheriff of Montgomery county. Its material allegations were these: That on the 10th July, 1865, an attachment was issued by J. H. Nettles, a justice of the peace in and for said county, at the suit of…
1Opinion of the CourtJudge, J.
Goods or chattels taken in attachment, in this State, may be replevied by the defendant, “or, in Ms absence, by a stranger.” — Code, § 2536. Who is a “stranger ”, within the meaning of this section of the Code? In determining this question, we will briefly notice the previous legislation on the subject.
Prior to the adoption of Aiken’s Digest, the replevin bond in attachment cases was a mere bail bond, required to be payable to the sheriff, and to be assigned by him to the plaintiff; and in suits for the recovery of sums exceeding the jurisdiction of justices of the peace, even in the case of…
2Cases cited10 opinions
- Sedgwick v. ClevelandNew York Court of Chancery · 1838
- Stone v. HaleSupreme Court of Alabama · 1850
- Ex parte VincentSupreme Court of Alabama · 1855
- Rives v. WilborneSupreme Court of Alabama · 1844
- Adkins v. AllenSupreme Court of Alabama · 1827
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3Cited by2 opinions
- Doughty v. SullivanSupreme Judicial Court of Maine · 1995
- Rhodes & Broadfoot v. SmithSupreme Court of Alabama · 1880