Baker v. Drake
Supreme Court of Alabama
Trial of Right of Property. Appeal from Tallapoosa Circuit Court. Heard before Hon. S. L. Brewer. Claim proceedings between D. W. Baker, plaintiff in execution, and J. R. Drake, claimant. Judgment for claimant, and plaintiff appeals. Affirmed. Baker had a waive judgment in a justice court against Bishop, and had an execution issued and levied upon a certain horse alleged to be the property of Bishop. Drake filed a claim thereto.
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Trial of Right of Property. Appeal from Tallapoosa Circuit Court. Heard before Hon. S. L. Brewer. Claim proceedings between D. W. Baker, plaintiff in execution, and J. R. Drake, claimant. Judgment for claimant, and plaintiff appeals. Affirmed. Baker had a waive judgment in a justice court against Bishop, and had an execution issued and levied upon a certain horse alleged to be the property of Bishop. Drake filed a claim thereto. There was judgment for plaintiff in the justice court, and claimant applied for and obtained a statutory certiorari, removing the cause to the circuit court. In the…
1Opinion of the CourtDowdell, J.
— This cause originated in the justice .court ,and was carried to the circuit court by writ of certiorari. There was no merit in the plaintiff’s motion to dismiss the certiorari. The fact that the claimant in his petition for the writ of certiorari styled himself “defendant” did not alter the fact that be was claimant in the trial, in which, the judgment appealed from was *516rendered. The claimant’s describing himself in the petition as defendant was at most a mere irregularity, and furnished no reason for dismissing the certiorari.—Code 1896, § 488.
Declarations made by a party while in the…
2Cases cited1 opinion
- Ray v. JacksonSupreme Court of Alabama · 1890
3Cited by6 opinions
- Lester v. HutsonCourt of Appeals of Texas · 1914
- Eidson v. McDanielSupreme Court of Alabama · 1927
- First Nat. Bank of Mobile v. LartigueSupreme Court of Alabama · 1937
- Bradford v. ButtramSupreme Court of Alabama · 1921
- Daniel v. WadeSupreme Court of Alabama · 1919
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