David v. David's Adm'r
Supreme Court of Alabama
Appeal from the Circuit Court of Limestone. Tried before the Hon. W. B. Wood. This action was brought by Benton Sanders, as the administrator of the estate of Robert C. David, deceased, against Mrs. Sarah David, who was the widow of said Robert C., to recover certain bonds particularly described in the affidavit and complaint; and was commenced on the 29th July, 1873. In the affidavit accompanying the summons and complaint, the bonds were thus described : “ Two bonds, of…
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Appeal from the Circuit Court of Limestone. Tried before the Hon. W. B. Wood. This action was brought by Benton Sanders, as the administrator of the estate of Robert C. David, deceased, against Mrs. Sarah David, who was the widow of said Robert C., to recover certain bonds particularly described in the affidavit and complaint; and was commenced on the 29th July, 1873. In the affidavit accompanying the summons and complaint, the bonds were thus described : “ Two bonds, of $1,000 each, issued by the State of Tennessee, and known as ‘ Tennessee bonds also, bonds to the amount of $2,100, issued…
1Opinion of the CourtSomebyille, J.
Where specific property is sued for in an action of detinue, brought under the statute, the rule as to description is somewhat stricter than in trespass or trover, where damages only are recoverable. It is commonly said, that certainty in pleadings includes both precision and particularity ; but these words are used in a sense opposed to *148ambiguity and generality. Reasonable certainty of description is all that can be required, even in reference to written instruments, involving such particularity only as would lead to the identification of the property, and enable the sheriff to seize it…
2Cases cited6 opinions
- Grady v. RobinsonSupreme Court of Alabama · 1856
- Gulf City Insurance v. StephensSupreme Court of Alabama · 1874
- Haynes v. CrutchfieldSupreme Court of Alabama · 1844
- Newton v. JacksonSupreme Court of Alabama · 1853
- Buckley v. CunninghamSupreme Court of Alabama · 1859
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Montgomery & Eufaula Railway Co. v. CulverSupreme Court of Alabama · 1884
- Ewing v. WoffordSupreme Court of Alabama · 1898
- Harris v. RussellSupreme Court of Alabama · 1890
- Bob White Chevrolet, Inc. v. HaylesAlabama Court of Appeals · 1968
- Henderson v. CampbellMontana Supreme Court · 1933