Horton v. Elliott
Supreme Court of Alabama
Appeal from the Circuit Court of Shelby. Tried before the Hon. Leroy E. Box. This action was brought by Hardy J. Horton, against J. F. Adams and Frank Nelson, Jr., to recover damages for the alleged unlawful seizure of two cows, the property of the plaintiff, and was commenced in a justice’s court on the 14th February, 1887. Service was acknowledged by Adams, and the summons was returned executed by him, as constable, on Nelson.
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Appeal from the Circuit Court of Shelby. Tried before the Hon. Leroy E. Box. This action was brought by Hardy J. Horton, against J. F. Adams and Frank Nelson, Jr., to recover damages for the alleged unlawful seizure of two cows, the property of the plaintiff, and was commenced in a justice’s court on the 14th February, 1887. Service was acknowledged by Adams, and the summons was returned executed by him, as constable, on Nelson. The justice rendered judgment for the plaintiff, but, on appeal to a jury, a judgment on verdict was rendered for defendants. The plaintiff then removed the case, by…
1Opinion of the CourtOlopton, J.
The only assignment of error we deem it necessary to consider, goes to the admission in evidence of a judgment rendered by W. IT. Taylor, as a justice of-the peace, in favor of one of the defendants, against the plaintiff. The judgment, and writ of seizure issued thereon, were introduced by defendants in j ustification of the taking and carrying away the property, for which alleged trespass the action is brought by appellant. From the recitals of the judgment and the evidence it appears, that it was rendered in the precinct in which the cause of action arose, by Taylor, who was a justice of…
2Cases cited2 opinions
- Taylor v. WoodsSupreme Court of Alabama · 1875
- Boynton v. StateSupreme Court of Alabama · 1884
3Cited by5 opinions
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- Ex parte DavisSupreme Court of Alabama · 1891
- Southern Railway Co. v. GogginsSupreme Court of Alabama · 1916
- Southern Railway Co. v. FitzpatrickSupreme Court of Alabama · 1915