Burgin v. Raplee
Supreme Court of Alabama
Appeal from the Circuit Court of Jefferson. Tried before the Hon. James J. Banks. This was an action of trespass brought by the appellee, Tressa Raplee, against J. C. Burgin and others; and sought to recover damages for the wrongful levy upon, and sale of certain property, alleged to have been the property of the plaintiff. There was judgment for the plaintiff and defendant appeals. The facts of the case, except as to the pleadings, are sufficiently stated in the opinion.
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Appeal from the Circuit Court of Jefferson. Tried before the Hon. James J. Banks. This was an action of trespass brought by the appellee, Tressa Raplee, against J. C. Burgin and others; and sought to recover damages for the wrongful levy upon, and sale of certain property, alleged to have been the property of the plaintiff. There was judgment for the plaintiff and defendant appeals. The facts of the case, except as to the pleadings, are sufficiently stated in the opinion. After the amendment of the plaintiff’s complaint, the defendants pleaded thereto the general issue and four special pleas.…
1Opinion of the CourtHabalson, J.
This suit is against a constable, J. C. Burgin, and his.sureties on his official bond, for having wrongfully levied upon and taken into his possession the personal property of the plaintiff, described in the complaint, “and permanently deprived her of the same.” In neither count of the complaint, is there any averment or description of any process under which said constable levied upon and seized the property of the plaintiff. The defendant demurred *436to the complaint, on account of its prolixity, and because it failed to state that the constable “did not have a writ against plaintiffbut it…
2Cases cited6 opinions
- Gilbreath v. JonesSupreme Court of Alabama · 1880
- McCall v. JonesSupreme Court of Alabama · 1882
- Albright v. MillsSupreme Court of Alabama · 1888
- Screws v. WatsonSupreme Court of Alabama · 1872
- Clark v. LambSupreme Court of Alabama · 1884
1 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Clark v. WhitfieldSupreme Court of Alabama · 1925
- Fidelity & Deposit Co. v. RobertsonSupreme Court of Alabama · 1902
- Ryan v. YoungSupreme Court of Alabama · 1906
- Sanders v. SteenSupreme Court of Alabama · 1900
- Pickett v. RichardsonSupreme Court of Alabama · 1931
4 more not listed; retrieve them via the Exa API.