Raisler v. Springer
Supreme Court of Alabama
Appeal from the Circuit Court of Madison. Tried before the Hon. S. D. Hale. This action was brought by Charles W. Raisler, against Josiah Springer, to recover damages “for the unlawful taking of the following goods and chattels, the property of the plaintiff, to-wit: one buggy, of the value of one hundred dollars, and four thousand feet of plank and was commenced on the 1st February, 1858. The record does not show what pleas were filed.
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Appeal from the Circuit Court of Madison. Tried before the Hon. S. D. Hale. This action was brought by Charles W. Raisler, against Josiah Springer, to recover damages “for the unlawful taking of the following goods and chattels, the property of the plaintiff, to-wit: one buggy, of the value of one hundred dollars, and four thousand feet of plank and was commenced on the 1st February, 1858. The record does not show what pleas were filed. On the trial, three several bills of exceptions were reserved, two by the plaintiff, and one by the defendant; and the plaintifl’s second bill purports to set…
1Opinion of the CourtR. W. Walker, J.
The appellant’s bill of exceptions purports to set out all of the evidence, and presents the defendant in the attitude of a party who employs an agent to seize the property of another, without any authority for so doing. One who thus procures an illegal act to be done by another, is a co-trespasser with the party employed to perpetrate the wrong, and is equally responsible with him to the person injured, although not actually present when the trespass is committed ; and the acts and declarations of the agent, in performing such unlawful service, are competent evidence against his principal.…
2Cases cited7 opinions
- Carroll v. StateSupreme Court of Alabama · 1853
- Johnson v. StateSupreme Court of Alabama · 1856
- Abney v. Kingsland & Co.Supreme Court of Alabama · 1846
- Layman v. HendrixSupreme Court of Alabama · 1840
- Hair v. LittleSupreme Court of Alabama · 1856
2 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
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- South & North Ala. Railroad v. McLendonSupreme Court of Alabama · 1879
- Pollard v. RogersSupreme Court of Alabama · 1937
- Sovereign Camp, W. O .W. v. HoomesSupreme Court of Alabama · 1929
- First National Bank v. ChandlerSupreme Court of Alabama · 1905
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