Wilk v. Key, Simmons & Co.
Supreme Court of Alabama
Appeal from the Circuit Court of Henry. Tried before the Hon. J. W. Foster. This was a statutory trial of the . right of property. The appellees brought an action of detinue against one E. Crine, for the recovery of certain specified articles of merchandise, and upon the seizure by the sheriff under a writ of detinue, appellant, 0. Willc, interposed a claim to said property, making affidavit and bond as required by the statute.
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Appeal from the Circuit Court of Henry. Tried before the Hon. J. W. Foster. This was a statutory trial of the . right of property. The appellees brought an action of detinue against one E. Crine, for the recovery of certain specified articles of merchandise, and upon the seizure by the sheriff under a writ of detinue, appellant, 0. Willc, interposed a claim to said property, making affidavit and bond as required by the statute. On the trial of the cause, there were verdict and judgment for the plaintiff. A motion was then made by the claimant for a new trial, which motion was overruled. On…
1Opinion of the CourtBrickell, C. J.
This appeal is from the original judgment rendered in the cause, and the only error assigned is that the court below improperly refused to grant a new trial therein on motion of appellant. The statement in the bill of exceptions that “the court refused to grant said motion” is a sufficient statement of the decision of the court rendered on a motion for a new trial under Acts of 1890-91, p. 779 ; the statute not requiring that the order or judgment of the court granting or refusing the motion shall be set out in full in the bill of exceptions.
The contest was between a vendor of chattels and a…
2Cases cited4 opinions
- Loeb & Brother v. Flash Bros.Supreme Court of Alabama · 1880
- Hornthall, Whitehead, Weissman & Co. v. SchonfeldSupreme Court of Alabama · 1885
- Robinson v. Fairbanks & Co.Supreme Court of Alabama · 1886
- Traywick v. Keeble & Co.Supreme Court of Alabama · 1890
3Cited by9 opinions
- Town of Carbon Hill v. MarksSupreme Court of Alabama · 1920
- Teague, Barnett & Co. v. BassSupreme Court of Alabama · 1901
- Dees v. Lindsey Mill Co.Supreme Court of Alabama · 1923
- Moore v. LongSupreme Court of Alabama · 1947
- Irby v. KaiglerAlabama Court of Appeals · 1912
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