Cook v. Thornton
Supreme Court of Alabama
Appeal from the Circuit Court of Jefferson. Tried before the Hon. James J. Banks. The main features of this case are stated in the report of the decision on a former appeal. Thornton v. Goolc, et. al., 97 Ala. 630. On the last trial, J. K. Cook, the constable, testified that while he was at the store preparing to levy the attachments, Mrs. Pickett, the wife of the defendant in attachment [under whom plaintiff claimed], walked into the store, and addressed herself to him.
Read the full summary
Appeal from the Circuit Court of Jefferson. Tried before the Hon. James J. Banks. The main features of this case are stated in the report of the decision on a former appeal. Thornton v. Goolc, et. al., 97 Ala. 630. On the last trial, J. K. Cook, the constable, testified that while he was at the store preparing to levy the attachments, Mrs. Pickett, the wife of the defendant in attachment [under whom plaintiff claimed], walked into the store, and addressed herself to him. The defendant’s counsel then asked the witness what she did. The plaintiff objected to the witness testifying to anything…
1Opinion of the CourtBrickell, C. J.
There was no error in the exclusion of the evidence of the declaration of the wife of the defendant in attachment to the officer making the levy. It was not shown that she had possession of the goods, if it could be deemed a declaration explanatory of possession. As the evidence was offered, it was mere hearsay the court was bound to exclude.
The rule of law is not controverted that to support trespass for the taking of goods the plaintiff must show that he had at the time of the taking the actual possession of the goods,or the right of immediate possession of them,for the gist of the action…
2Cases cited3 opinions
- Thornton v. CookSupreme Court of Alabama · 1892
- Goetter, Weil & Co. v. Smith Bros.Supreme Court of Alabama · 1894
- Murray, Dibbrell & Co. v. HeardSupreme Court of Alabama · 1893
3Cited by4 opinions
- Johnson v. Wilson & Co.Supreme Court of Alabama · 1902
- Thrasher v. NeeleySupreme Court of Alabama · 1916
- W. K. Syson Timber Co. v. DickensSupreme Court of Alabama · 1906
- Louisville & Nashville R. R. v. PerkinsSupreme Court of Alabama · 1905