Smith v. Dinkelspiel
Supreme Court of Alabama
Appeal from the Circuit Court of Jefferson. Tried before the Hon. James B. Head. This action was brought by Simon Dinkelspiel, against Jos.
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Appeal from the Circuit Court of Jefferson. Tried before the Hon. James B. Head. This action was brought by Simon Dinkelspiel, against Jos. S. Smith and others, to recover damages for an alleged trespass; and was commenced on the 15th February, 1889. The alleged trespass was the levy by Smith, as sheriff, of several attachments against E. Oppenheimer & Co., on the bar-fixtures, stock of liquors, &e. in a bar-room in Birmingham called the “Merchants’ Saloon,” of which the plaintiff was at the time in possession; and he claimed damages, not only for the value of the property levied on and sold,…
1Opinion of the Court
CLOPTON J.
Appellee, in his complaint in an action of trespass, lays and seeks to recover, in addition to the value of the property taken, special damages for breaking up his business. He purchased the property from E. Oppenheimer & Co., against whom the attachments levied thereon were issued. It consisted of a stock of spirituous and vinous liquors, tobacco, cigars, and bar fixtures and furniture, which were used at the time of the seizure by plaintiff in carrying on the business of retailing without a license, in violation oí the statute. The use of the property in an unlawful business is…
2Cases cited3 opinions
- Allison v. ChandlerMichigan Supreme Court · 1863
- Ware v. CurrySupreme Court of Alabama · 1880
- Johnson v. Union Marine & Fire InsuranceMassachusetts Supreme Judicial Court · 1879
3Cited by13 opinions
- Sparks v. McCrearySupreme Court of Alabama · 1908
- McCurry v. GibsonSupreme Court of Alabama · 1895
- Deslandes v. ScalesSupreme Court of Alabama · 1914
- Jefferson County Savings Bank v. CarlandSupreme Court of Alabama · 1916
- Sheldon v. Birmingham Building & Loan Ass'nSupreme Court of Alabama · 1898
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