Legal Opinion

Scott v. Floyd

Supreme Court of Alabama

Decided May 12, 1921No. 8 Div. 340Published

Appeal from Circuit Court, Franklin County; C. P. Almon, Judge. Suit in detinue by G. E. Scott against Alex Floyd for the recovery of one yearling. The cause was tried before the court without a jury, resulting in a judgment for the defendant, and plaintiff appeals: The plaintiff was the owner of the yearling, and had it out for pasturage on the property of the Sewanee Iron Company, about three-fourths of a mile from Russellville, Ala.

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Appeal from Circuit Court, Franklin County; C. P. Almon, Judge. Suit in detinue by G. E. Scott against Alex Floyd for the recovery of one yearling. The cause was tried before the court without a jury, resulting in a judgment for the defendant, and plaintiff appeals: The plaintiff was the owner of the yearling, and had it out for pasturage on the property of the Sewanee Iron Company, about three-fourths of a mile from Russellville, Ala. The defendant was the chief of police of said municipality, and took charge of the yearling under the .stock law ordinance so providing. One 1-Iill testified…

1Opinion of the CourtGardner, J.

The plaintiff sought to recover one yearling in the possession of defendant, in his official capacity as chief of police bf the municipality of Russellville under the provisions of an ordinance of July 22, 1919, which was offered in evidence.

Counsel for appellant argued but one question upon this appeal; that is, to the effect that, giving the language of the ordinance a strict construction, and following the deci- ' sions requiring a strict compliance therewith as in cases of this character (Ryall v. Epps, 122 Ala. 662, 26 South. 1033; McCrossin v. Davis, 100 Ala. 631, 13 South. 607), the…

2Cases cited2 opinions

  1. McCrossin v. DavisSupreme Court of Alabama · 1892
  2. Ryall v. EppsSupreme Court of Alabama · 1898

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