Rice v. Watts
Supreme Court of Alabama
Appeal from Montgomery Circuit Court. Tried before Hon. James E. Cobb. This was an action of trespass de bonis asportatis, brought by N. Watts against D. S. Hice, Alex. Wilson and J. W. McDade, and was commenced on 21st December, 1881. The cause was tried on issue joined “on the plea of not guilty, and justification under legal process,” the trial resulting in a verdict and judgment for the plaintiff.
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Appeal from Montgomery Circuit Court. Tried before Hon. James E. Cobb. This was an action of trespass de bonis asportatis, brought by N. Watts against D. S. Hice, Alex. Wilson and J. W. McDade, and was commenced on 21st December, 1881. The cause was tried on issue joined “on the plea of not guilty, and justification under legal process,” the trial resulting in a verdict and judgment for the plaintiff. The plaintiff having offered evidence tending to show that the chattels described in the complaint were taken from him, the defendants offered in evidence, as a justification of the act…
1Opinion of the CourtSomerville, J.
This suit is one in trespass, brought against certain creditors of the plaintiff, for wrongfully taking *594personal property levied on by a constable under a writ of attachment issued by one Nettles, who was a notary public and ex officio justicie of the peace. The constable, who served the process, is also sued as a trespasser and co-defendant.
The attachment papers, under authority of which the levy was made, were excluded from evidence by the court, on the assumed ground, that a notary public, who is appointed by the Governor, having authority to exercise the jurisdiction of a justice of the…
2Cases cited1 opinion
- Griffin v. ApplebySupreme Court of Alabama · 1881
3Cited by1 opinion
- Bain & Sons v. MitchellSupreme Court of Alabama · 1886