Hopkinson v. Shelton
Supreme Court of Alabama
Appeal from the City; Court of Mobile. Tried before th.e, Hon. Alex. McKiNSTky. This action was brought by C. B. Iiopkinson, against James T. Shelton, to «recover damages for the conversion of certain cattle, which the defendant, as sheriff of said county, had seized and sold under.-execution against one F. B. Sheppard.
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Appeal from the City; Court of Mobile. Tried before th.e, Hon. Alex. McKiNSTky. This action was brought by C. B. Iiopkinson, against James T. Shelton, to «recover damages for the conversion of certain cattle, which the defendant, as sheriff of said county, had seized and sold under.-execution against one F. B. Sheppard. The defendant pleaded, 1st, the general issue; 2d, justification under the execution against Sheppard, averring, that the cattle were the property of said Sheppard, and were liable to sale, under the execution ; and, 3d, a special plea in the following words : “3. And for a…
1Opinion of the CourtA. J. Walker, C. J.
Under our system of pleading,, which allows the filing of a- plurality of pleas, it is no objection, that a special plea, presents matter of defense available under the general issue, which is also pleaded. — Dunham v. Riddle, 2 St. & P. 402. Code, § 2237 Pamphlet Acts of 1853 — 54, p. 60. The refusal of this court to-reverse, on aceount of the erroneous sustaining.of a demurrer to. a plea, where the general issue was pleaded, and the defense might have been made under it, is put, not upon 'the ground that the special plea was-objectionable, but that no injury resulted from the erroneous…
2Cases cited9 opinions
- Smyth v. TankersleySupreme Court of Alabama · 1852
- Tarleton v. JohnsonSupreme Court of Alabama · 1854
- Winston v. EwingSupreme Court of Alabama · 1840
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- Andrews v. KeithSupreme Court of Alabama · 1859
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3Cited by8 opinions
- Barrett v. City of MobileSupreme Court of Alabama · 1900
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- Hamner v. PoundsSupreme Court of Alabama · 1876
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