Ernst Bros. v. Hogue
Supreme Court of Alabama
Appeal fropi the Circuit Courl of Hale. Tried before the Hon. John Mooee. This action was brought by John J. Hogue against the appellants, merchants and partners in trade, with A. Lawson; was commenced on the 1st March, 1888, and was founded on a replevin bond, executed by the defendants, which, after reciting that said Ernst Bros, had commenced an action of detinue against said Hogue, on the 19th April, 1887, for the • recovery of two mares and a colt, and that the…
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Appeal fropi the Circuit Courl of Hale. Tried before the Hon. John Mooee. This action was brought by John J. Hogue against the appellants, merchants and partners in trade, with A. Lawson; was commenced on the 1st March, 1888, and was founded on a replevin bond, executed by the defendants, which, after reciting that said Ernst Bros, had commenced an action of detinue against said Hogue, on the 19th April, 1887, for the • recovery of two mares and a colt, and that the defendant had failed to give bond, as authorized by law, in order to retain the possession of said property, was conditioned as…
1Opinion of the CourtClopton, J.
A statutory action for the recovery of personal property in specie was instituted by Ernst Brothers against appellee. The requisite affidavit having been made, and bond given, the property was seized by the sheriff, under an order for that purpose. Appellee having failed to give a replevin bond within the time prescribed, Ernst Brothers executed bond, and took possession of the property. In con.sequence of the subsequent dismissal of the suit, and the failure to restore possession of the property to appellee, he brings the present action upon their replevin bond.
The statute provides: “That in…
2Cases cited5 opinions
- Wood v. ComanSupreme Court of Alabama · 1876
- Roswald & Stoll v. Hobbie & TeagueSupreme Court of Alabama · 1887
- Minniece v. JeterSupreme Court of Alabama · 1880
- Savage v. GunterSupreme Court of Alabama · 1858
- Phillips v. WaterhouseMichigan Supreme Court · 1879
3Cited by5 opinions
- Harrison v. HamnerSupreme Court of Alabama · 1892
- Holloway v. Burroughs & Taylor Co.Alabama Court of Appeals · 1912
- Ex parte BoltonSupreme Court of Alabama · 1902
- Freeman v. United States Fidelity & Guaranty Co.Appellate Terms of the Supreme Court of New York · 1904
- Nelson v. United States Fidelity & Guaranty Co.Supreme Court of Alabama · 1949