Salvo v. Wilson & Co.
Supreme Court of Alabama
Appeal from Calhoun Circuit Court. Heard before Hon. Hugh D. Merrill. Assumpsit, by H. M. Salvo against Cora E. Abell, begun by attachment which was levied on two bales of cotton to which J. C. Wilson & Company interposed a claim. The cause was originally tried in the justice court, and was brought to- the circuit court by appeal, where judgment was rendered for claimants, from which judgment plaintiff appeals.
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Appeal from Calhoun Circuit Court. Heard before Hon. Hugh D. Merrill. Assumpsit, by H. M. Salvo against Cora E. Abell, begun by attachment which was levied on two bales of cotton to which J. C. Wilson & Company interposed a claim. The cause was originally tried in the justice court, and was brought to- the circuit court by appeal, where judgment was rendered for claimants, from which judgment plaintiff appeals. Transferred from the Court of Appeals under Acts 1911, § 6, p. 449.
1Opinion of the CourtMcCLELLAN, J.
The act approved March 12, 1907, (Gen. Acts 1907, p. 397, 398), and the amendatory act approved August 9, 1907 (Local Acts 1907, pp. 865, 866), contemplate that the party desiring a trial by jury, instead of by the court without jury — in the circuit court of Calhoun county — shall make known his desire at the first term at which the cause stands for trial. The expression of that legislative purpose is found in the reference to the “first day of the term of *448the court at which said cause shall stand for trial.” The court so correctly interpreted the statute by placing this cause (an appeal…
2Cases cited1 opinion
- Robinson & Co. v. GreeneSupreme Court of Alabama · 1906
3Cited by4 opinions
- Mid-Continent Life Ins. Co v. BeasleySupreme Court of Alabama · 1918
- Standard Motorcar Co. v. McMahonSupreme Court of Alabama · 1919
- Morgan v. Virginia-Carolina Chemical Co.Supreme Court of Alabama · 1925
- American Cast-Iron Pipe Co. v. Birmingham Tailoring Co.Supreme Court of Alabama · 1921