McAdams v. Beard & Henderson
Supreme Court of Alabama
Appeal from tbe Circuit Court of Lowndes. Tried before tbe Hon. Nat. Cook. This was a trial of tbe right of property in two slaves,, between Beard & Henderson, plaintiffs in execution, against David Edwards, and James E. McAdams, as-claimants.
Read the full summary
Appeal from tbe Circuit Court of Lowndes. Tried before tbe Hon. Nat. Cook. This was a trial of tbe right of property in two slaves,, between Beard & Henderson, plaintiffs in execution, against David Edwards, and James E. McAdams, as-claimants. Tbe levy was made on tbe 3d December* 1855; and the claimant made the statutory affidavit, and gave the required bond, on the 7th January, 1856. After several continuances by both parties, the case was finally called for trial at the fall term, 1858 ;_ and the claimant then moved to dismiss the levy, on the ground that the plaintiffs were non-residents,…
1Opinion of the CourtA. J. Walken, C. J.
It is certainly indisputable that a trial of the right of'property, under our statute, is an action or suit, in which the plaintiff in execution is deemed the actor, and the claimant the defendant. — Jacott v. Hobson, 11 Ala. 434; P. & M. Bank of Mobile v. Borland, 5 Ala. 531. Being an action, it clearly falls within the purview of the statute exacting security for costs from non-resident plaintiffs before commencing their actions, unless something else than the mere fact of its being an action is requisite to make the statute applicable to the case.
The statute is section 2396 of the Code,…
2Cases cited7 opinions
- Planters' & Merchants' Bank of Mobile v. BorlandSupreme Court of Alabama · 1843
- Ex parte RobbinsSupreme Court of Alabama · 1856
- Gillespie's Adm'r v. BurlesonSupreme Court of Alabama · 1856
- Powell v. OldsSupreme Court of Alabama · 1846
- Wiswall v. GliddenSupreme Court of Alabama · 1842
2 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Shahan v. Herzberg, Simpson & Co.Supreme Court of Alabama · 1882
- Feore v. TrammelSupreme Court of Alabama · 1925
- Rhodes & Broadfoot v. SmithSupreme Court of Alabama · 1880
- McCrary v. Chase & Co.Supreme Court of Alabama · 1882
- Cofer v. ReinschmidtSupreme Court of Alabama · 1898
5 more not listed; retrieve them via the Exa API.