Johnson v. Whitfield & Pinckard
Supreme Court of Alabama
Appeal from Tallapoosa Circuit Court. Tried before Hon. N. D. Denson. . Action to try the right of property, commenced in justice court and brought to circuit court by appeal. Whitfield & Pinckard caused execution to issue on a judgment in their favor against L. B. Britt, and it ivas levied on an ox in the possession of defendant in execution. James Johnson interposed his claim to try the. right of property.
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Appeal from Tallapoosa Circuit Court. Tried before Hon. N. D. Denson. . Action to try the right of property, commenced in justice court and brought to circuit court by appeal. Whitfield & Pinckard caused execution to issue on a judgment in their favor against L. B. Britt, and it ivas levied on an ox in the possession of defendant in execution. James Johnson interposed his claim to try the. right of property. On the trial it was shown that the execution at the time it was levied ivas not directed to any officer, hut ivas afterwards amended by the justice on motion of plaintiff’s attorney at…
1Opinion of the CourtHaralson, J.
J. — 1. The fact that the execution issued by the justice of the peace, of date 21 July, 1897, was not, when issued, directed to any lawful officer of the county, did not render it void. This was a matter of form, subject to amendment, as was done on motion before the justice. The execution introduced in evidence in the circuit court without objection, was addressed “To any lawful officer.” — 1 Freeman Executions, § § 88, 64, 65. If this defect or irregularity rendered the execution voidable, the claimant could not take advantage of such defect or irregularity. — NordVmger v. Gordon, 72 Ala.…
2Cases cited8 opinions
- Chambers v. RingstaffSupreme Court of Alabama · 1881
- Meyer Bros. v. MitchellSupreme Court of Alabama · 1883
- O'Neal v. SeixasSupreme Court of Alabama · 1887
- Chadwick v. CarsonSupreme Court of Alabama · 1884
- Varnum v. StateSupreme Court of Alabama · 1884
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3Cited by5 opinions
- Holman v. ClarkSupreme Court of Alabama · 1906
- Lewman & Co. v. AndrewsSupreme Court of Alabama · 1900
- Gulf City Shingle Manufacturing Co. v. BoylesSupreme Court of Alabama · 1900
- New York Life Insurance v. McPhersonSupreme Court of Alabama · 1902
- Tombigbee Valley Railroad v. WilksAlabama Court of Appeals · 1912