Eslava v. Dillihunt
Supreme Court of Alabama
Appeal from Circuit Court of Mobile. Tried before Hon. John Elliott. This was an action for the recovery of personal property in specie under the Code, commenced by the appellant, Eslava, against the appellee.
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Appeal from Circuit Court of Mobile. Tried before Hon. John Elliott. This was an action for the recovery of personal property in specie under the Code, commenced by the appellant, Eslava, against the appellee. The plaintiff having given bond as required by section 2593 of the Code, the sheriff took the goods into his possession, and the defendant having failed to give the bond required by law to have the articles returned to him, they were delivered to the plaintiff on giving the bond required by section 2594 of the Eevised Code. There was an appearance by both parties, a trial by jury and a…
1Opinion of the CourtPeck, C. J.
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The action in this case was for the recovery of personal property in specie, under chapter 5, Revised Code, p. 520.
The appellant, the plaintiff in the court below, gave the bond named in § 2593 of said Code, and the sheriff was required to take the property into his possession, unless the . defendant should give bond, payable to the plaintiff, with sufficient surety, in double the amount of the value of the property, with condition that if he was east in the suit he •would, within thirty days thereafter, deliver the property to the plaintiff and pay all costs and damages which might accrue…
2Cited by2 opinions
- Ward v. RichardsSupreme Court of Oklahoma · 1911
- Southern Warehouse Co. v. JohnsonSupreme Court of Alabama · 1887