Wright v. McCullough
Alabama Court of Appeals
Appeal from Circuit Court, Madison County; R. C. Brickell, Judge. Action -by E. E. Wright against R. N. McCullough for damages for conversion. Judgment for defendant, and plaintiff appeals. The suit grew out of the seizure of certain beer by the sheriff, R. N. McCullough, who ivas sheriff of Morgan county, Ala., and resided in the city of Decatur, in said county.
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Appeal from Circuit Court, Madison County; R. C. Brickell, Judge. Action -by E. E. Wright against R. N. McCullough for damages for conversion. Judgment for defendant, and plaintiff appeals. The suit grew out of the seizure of certain beer by the sheriff, R. N. McCullough, who ivas sheriff of Morgan county, Ala., and resided in the city of Decatur, in said county. Defendant filed the following plea, appearing specially for that purpose: This court is without jurisdiction to hear and determine this cause for the reason that defendant is, and ivas at the time of the institution of the action of…
1Opinion of the CourtBrown, P. J.
[1] While the defendant’s plea to the jurisdiction- of the court does not aver in terms that the defendant had a permanent residence in Morgan county, this defect is not pointed out by the demurrer, and the plea was not subject to the grounds of demurrer assigned, and they were properly overruled. Code 1907, § 6110; Rand v. Gibson, 109 Ala. 266, 19 South. 533; Code, § 5340.
[2-4] The bill of exceptions was signed more than 90 days from the rendition of the judgment, and, so far as the record certified here shows, there is no indorsement on the bill of exceptions showing when it was presented…
2Cases cited6 opinions
- Edinburgh-American Land Mortgage Co. v. CanterburySupreme Court of Alabama · 1910
- Box v. Southern Railway Co.Supreme Court of Alabama · 1913
- Harper v. StateAlabama Court of Appeals · 1915
- Leeth v. Kornman, Sawyer & Co.Alabama Court of Appeals · 1911
- Rand v. GibsonSupreme Court of Alabama · 1895
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Doullut Williams v. HoffmanSupreme Court of Alabama · 1920
- United States Fidelity & Guaranty Co. v. International Brotherhood of Teamsters, Local No. 612Alabama Court of Appeals · 1959
- Boss Livery Co. v. BaileyAlabama Court of Appeals · 1920
- Spalding v. McKnightWyoming Supreme Court · 1944
- Taylor v. McCormickCourt of Civil Appeals of Alabama · 1972