Allman v. Gann
Supreme Court of Alabama
Appeal from the Circuit Court of Marion. Tried before the Hon. Thomas A. Waleer. This action was brought by Samuel Gann against W. C. M. Allman, to recover a stallion, together with damages for its detention; and the bill of exceptions is as follows :— “ On the trial of this cause, it was admitted by the defendant, that the plaintiff owned the horse sued for at the time of the levy and sale under the execution under which the defendant claims, and that he has not since…
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Appeal from the Circuit Court of Marion. Tried before the Hon. Thomas A. Waleer. This action was brought by Samuel Gann against W. C. M. Allman, to recover a stallion, together with damages for its detention; and the bill of exceptions is as follows :— “ On the trial of this cause, it was admitted by the defendant, that the plaintiff owned the horse sued for at the time of the levy and sale under the execution under which the defendant claims, and that he has not since parted with his> title, except by virtue of said sale ; that the plaintiff, at, before, and since said levy and sale, was a…
1Opinion of the CourtStone, J.
The statute, exempting from levy and sale certain property for the benefit of indigent families, has always received in this court a liberal construction, in furtherance of the humane intentions of the legislature. — Code, § 2462 ; Watson v. Simpson, 5 Ala. 233 ; Jordan v. Autrey, 10 Ala. 216 ; Favers v. Class, 22 Ala. 627 ; Sallee v. Waters, 17 Ala. 482 ; Noland v. Wickham, 9 Ala. 169. We have no wish to depart from such construction.
The question raised by this record is, was the horse described in the testimony, a work-horse within the meaning of the statute ? The bill of exceptions tends…
2Cases cited4 opinions
- Sallee v. WatersSupreme Court of Alabama · 1850
- Watson v. SimpsonSupreme Court of Alabama · 1843
- Skains v. StateSupreme Court of Alabama · 1852
- Noland v. WickhamSupreme Court of Alabama · 1846
3Cited by7 opinions
- McGuire v. Van PeltSupreme Court of Alabama · 1876
- Morris v. HallSupreme Court of Alabama · 1868
- Kaster v. McWilliamsSupreme Court of Alabama · 1867
- Russell & Johnson v. Town of OneontaSupreme Court of Alabama · 1917
- Williams v. StateSupreme Court of Alabama · 1872
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