Rand v. Gibson
Supreme Court of Alabama
Appeal from the Circuit Court of Colbert. Tried before the ILon. Thomas R. Roulhac. This was a statutory action of detinue, instituted by the appellant, Edgar Rand, against the appellee, James S. Gibson, in the circuit court of Colbert county, to recover possession of thirteen bales of cotton. The plaintiff made the affidavit and bond as required by the statute, and had the sheriff to seize the cotton.
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Appeal from the Circuit Court of Colbert. Tried before the ILon. Thomas R. Roulhac. This was a statutory action of detinue, instituted by the appellant, Edgar Rand, against the appellee, James S. Gibson, in the circuit court of Colbert county, to recover possession of thirteen bales of cotton. The plaintiff made the affidavit and bond as required by the statute, and had the sheriff to seize the cotton. Subsequently, the defendant having hailed to make bond for delivery of the property, within the time allowed by law, the property was delivered to the plaintiff,on his making bond, as provided…
1Opinion of the CourtHaralson, J.
The venue of suits in this State is regulated by Section 2640 of the Code, which covers all classes of suits, therein so plainly specified, as scarcely to admit of mistake in their institution. The first class embraces all actions on contracts, which must be instituted in the county in which the defendant, or one of the defendants, resides; the second, all other personal actions, if- the defendant or one of the defendants has within the State a permanent residence, which may be brought in the county of such personal residence, or in the county in which the act or omission complained of may…
2Cases cited1 opinion
- Graham v. Myers & Co.Supreme Court of Alabama · 1883
3Cited by9 opinions
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- Jordan v. AppletonSupreme Court of Alabama · 1923
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