Roberts v. Beeson
Supreme Court of Alabama
In this case, Beeson brought his action of trespass, against Roberts, |n the Circuit Court of Blount, for wrongfully taking goods, the property of the plaintiff. To the action the defendant plead— First — Not guilty. Secondly — A special plea, justifying a sheriff of the county, under a writ of fieri facias, by virtue of which a levy had been' made, and which was the trespass complained of: to which plea there were replication and issue.
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In this case, Beeson brought his action of trespass, against Roberts, |n the Circuit Court of Blount, for wrongfully taking goods, the property of the plaintiff. To the action the defendant plead— First — Not guilty. Secondly — A special plea, justifying a sheriff of the county, under a writ of fieri facias, by virtue of which a levy had been' made, and which was the trespass complained of: to which plea there were replication and issue. Following the entry in the record of the pleas, there was set out a motion to quash — all entitled as of September term, eighteen hundred and thirty-five. At…
1Opinion of the CourtHopkins, J.
— The action in this case, was trespass de bonis asportatis, in favor of the defendant in error.
The plaintiff in error, who was the defendant in the suit, pleaded in bar that, as sheriff and in virtue of a writ of fieri facias against Beeson, which had been directed to him, he took and carried away the chattels described in the declaration. In the same term of the Circuit Court, during which he filed his plea, he made a motion to quash the writ that commenced the action. The motion -was afterwards overruled by the Court, and in doing so, it is alleged there was error.
It does not appear from…
2Cited by2 opinions
- Moore v. FiquettSupreme Court of Alabama · 1851
- Herbert v. VarnerSupreme Court of Alabama · 1868