Nettles v. Barnett
Supreme Court of Alabama
Error to the Circuit court of Wilcox. Trespass, tried before Harris, J. This was an action of trespass, brought by Barnett, as an acting constable, against the intestate.
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Error to the Circuit court of Wilcox. Trespass, tried before Harris, J. This was an action of trespass, brought by Barnett, as an acting constable, against the intestate. In the declaration,' the plaintiff alleged, that as constable, he had levied certain executions, on one hundred and fifty bushels of corn, the property of one John B. Barefoot, the defendant in the executions — which corn he took posses- , sion of; when the intestate, with force and arms, «fee. broke and entered the barn, where the corn was housed, and took and carried the same away, and converted, «fee. by means whereof the…
1Opinion of the CourtGoldthwaite, J.
— One of the assignments of error .presents a question, which is, in our opinion, decisive of this case, and renders it unnecessary to express any Judgment, on those arising from the bill of exceptions.
It is an ancient and uncontested maxim of the common law, that personal actions die with thé person. These actions have never been understood to be those which arise from contracts, for the payment of money, ■or for the performance of duties where property is in •question; but the maxim is confined in its government, to those actions for injuries to the person, character or property of…
2Cited by5 opinions
- Fretwell v. McLemoreSupreme Court of Alabama · 1875
- Wynn v. Tallapoosa County BankSupreme Court of Alabama · 1910
- Moore v. StephensSupreme Court of Alabama · 1956
- Coker v. CrozierSupreme Court of Alabama · 1843
- Marshburn v. DickeyAlabama Court of Appeals · 1963