Womack v. Bird
Supreme Court of Alabama
Appeal from tbe Circuit Court of Greene. Tried before tbe Hon. Luther R. Smith. This action was brought by Mrs. AnnM. Womack, against William P. Bird, to recover damages for the wrongful taking of “ twelve bales of lint cotton, averaging 500 lbs. per bale, five hundred bushels of corn, two hundred and fifty bushels of cotton-seed, and twenty-two thousand pounds of unginned cotton, or cotton in the seedand was commenced on tbe 1st April, 1869. Tbe defendant pleaded not…
Read the full summary
Appeal from tbe Circuit Court of Greene. Tried before tbe Hon. Luther R. Smith. This action was brought by Mrs. AnnM. Womack, against William P. Bird, to recover damages for the wrongful taking of “ twelve bales of lint cotton, averaging 500 lbs. per bale, five hundred bushels of corn, two hundred and fifty bushels of cotton-seed, and twenty-two thousand pounds of unginned cotton, or cotton in the seedand was commenced on tbe 1st April, 1869. Tbe defendant pleaded not guilty, and issue was joined on that plea; and the defendant bad a verdict and judgment, which was reversed by this court on…
1Opinion of the CourtStone, J.
When this case was formerly in this court (51 Ala. 504), it was rightly settled that, under the plea of not guilty of a trespass de bonis asporiatis, the defendant can not be allowed to prove, in mitigation of damages, or for any other purpose, that the act complained of was done under legal process. As the record then stood, it presented only the single plea of not guilty. When the case returned to the court below, a second plea was interposed, justifying the seizure of the goods under an attachment for debt, which, the plea averred, was returned to the court from which it issued, according…
2Cases cited5 opinions
- Ewing v. BlountSupreme Court of Alabama · 1852
- McAden v. GibsonSupreme Court of Alabama · 1843
- Womack v. BirdSupreme Court of Alabama · 1874
- Kirksey v. DuboseSupreme Court of Alabama · 1851
- Young v. DavisSupreme Court of Alabama · 1857
3Cited by11 opinions
- Barrett v. City of MobileSupreme Court of Alabama · 1900
- Ryan v. YoungSupreme Court of Alabama · 1906
- Tennessee River Transportation Co. v. Kavanaugh Bros.Supreme Court of Alabama · 1890
- Phillips v. MorrowSupreme Court of Alabama · 1924
- Jackson v. BohlinAlabama Court of Appeals · 1917
6 more not listed; retrieve them via the Exa API.