Haynes v. McRae
Supreme Court of Alabama
Appeal from the Circuit Court of Lowndes. Tried before the Hon. John Moore. This was an action of trespass brought by-the appellee, T. H. McRae, against W. E. Haynes, sheriff of Lowndes county, and the sureties on his official bond; and sought to recover damages for the alleged wrongful seizure of a stock of goods by the sheriff under a writ of attachment. There was judgment for the plaintiff, and defendants appeal.
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Appeal from the Circuit Court of Lowndes. Tried before the Hon. John Moore. This was an action of trespass brought by-the appellee, T. H. McRae, against W. E. Haynes, sheriff of Lowndes county, and the sureties on his official bond; and sought to recover damages for the alleged wrongful seizure of a stock of goods by the sheriff under a writ of attachment. There was judgment for the plaintiff, and defendants appeal. There was only one assignment of error, and the facts having reference thereto are sufficiently stated in the opinion.
1Opinion of the CourtColeman, J.
Pollock & Co. sued out an attachment against McRae Bros, which was levied by Haynes (the sheriff) upon a stock of goods claimed by F. D. McRae. The present action was brought by F. D. McRae against the sheriff and others to recover damages for an unlawful seizure of the goods. On the trial, the plaintiff, F. D. McRae, testified as to the purchase of the goods from McRae Bros., the circumstances of the transaction, and the consideration paid by him for the goods. The two members of the firm of McRae Bros, were present in court as witnesses during the trial, but -were not examined. In the…
2Cases cited1 opinion
- Pollak v. HarmonSupreme Court of Alabama · 1891
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- Coosa Portland Cement Co. v. CrankfieldSupreme Court of Alabama · 1918
- Ethridge v. StateSupreme Court of Alabama · 1899
- Southern Pac. Co. v. SchoerCourt of Appeals for the Eighth Circuit · 1902
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