Powell v. Gray
Supreme Court of Alabama
Error to the Circuit Court of THIS was an appeal to the Circuit Court from the judgment of a Justice of the Peace, on a trial of the right of property, there being thirty-six other cases of the same description taken up by the plaintiff in error, who was also the plaintiff in the execution, the claimant having succeeded before the Justice of the Peace.
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Error to the Circuit Court of THIS was an appeal to the Circuit Court from the judgment of a Justice of the Peace, on a trial of the right of property, there being thirty-six other cases of the same description taken up by the plaintiff in error, who was also the plaintiff in the execution, the claimant having succeeded before the Justice of the Peace. The claimant also succeeded in the Circuit Court, and judgment was rendered in his favor against the plaintiff in execution and his sureties to the appeal bond. On the trial in the Circuit Court, a bill of exceptions was taken, which discloses…
1Opinion of the CourtOrmond, J.
— The objection made to the bond given by the claimant, for the trial of the right of property is, that the condition of the bond was to return the property levied on, within twenty days af.er trial, instead of being conditioned for the forthcoming of the property generally.
The answer to this objection, is that there is no law requiring any bond to be given by the claimant who desires to try the right of property before a Justice of the Peace. It is admitted there is no statutory requirement, in express terms; but it is insisted that the necessary inference from all the statutes, regulating…
2Cited by4 opinions
- Ex Parte AshtonSupreme Court of Alabama · 1936
- Mahan v. SmithermanSupreme Court of Alabama · 1882
- Hagan v. Riddle Co.Supreme Court of Alabama · 1923
- Hatcher & Co. v. National Bank of ChambersburgSupreme Court of Georgia · 1888