Legal Opinion

Keyser v. Maas & Schwarz

Supreme Court of Alabama

Decided November 15, 1895PublishedCited by 21 opinions

Appkal from the Circuit Court of Butler. Tried before the Hon. John B. Tyson. The appellees, Maas & Schwarz, brought an action of detinue against John W. Grant and B-. A Lee in the circuit court of Butler county, to recover seven bales of cotton.

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Appkal from the Circuit Court of Butler. Tried before the Hon. John B. Tyson. The appellees, Maas & Schwarz, brought an action of detinue against John W. Grant and B-. A Lee in the circuit court of Butler county, to recover seven bales of cotton. Subsequent to the institution of this suit, John J. Keyser, the appellant, made affidavit and gave bond, and interposed his claim for the seven bales of cotton, as provided for under the statute, (Acts 1888-89, pp. 57-58). On the trial of this cause, as is recited in the bill of exceptions, ‘‘The issue was made up'under the direction of the court in…

1Opinion of the CourtBrickell, C. J.

The statute (Pamph. Acts, 1888-89, pp. 57-8), under which the appellant intervenes,as claimant of seven bales of cotton, the subject of a pending action of detinue, the appellees have instituted against Lee & Grant, required the appellant to make affidavit and execute bond, as is “required by law in cases of trials of right of property, when levied on by writ of fieri facias.” The making of the affidavit and the execution of the bond, entitled the appellant to the posession of the cotton, and it became the duty of the sheriff to return to the court in which the action of detinue was pending,…

2Cases cited3 opinions

  1. Adams v. StateSupreme Court of Alabama · 1888
  2. Hooper v. PayneSupreme Court of Alabama · 1891
  3. Gardner v. HeadSupreme Court of Alabama · 1895

3Cited by21 opinions

  1. Pinckard v. CasselsSupreme Court of Alabama · 1915
  2. Gwin v. Emerald Co.Supreme Court of Alabama · 1918
  3. Isbell v. SletteMontana Supreme Court · 1916
  4. Wilder v. BushSupreme Court of Alabama · 1917
  5. McDonald v. StephensSupreme Court of Alabama · 1920

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