Harris v. Russell
Supreme Court of Alabama
Trespass against Sheriff and Sureties on Bond of Indemnity ff or Wrongful Levy of Attachments. Appeal from the Circuit Court of Morgan. Tried before the Hon. James B. Head.
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Trespass against Sheriff and Sureties on Bond of Indemnity ff or Wrongful Levy of Attachments. Appeal from the Circuit Court of Morgan. Tried before the Hon. James B. Head. This action was brought by George B. Bussell and Thomas A. Bussell against Benjamin P. Harris and others, to recover damages for an alleged trespass by said Harris, who was the sheriff of the county, in levying two attachments against E. J. Bussell, who was a brother of the plaintiffs, on a large stock of goods which they claimed by purchase from him. One of the attachments was- in favor of Carter Brothers & Co., and the…
1Opinion of the CourtClopton, J.
— The complaint describes the property by the name, style and quality of the different articles of goods alleged to have been taken, which are numerous, and such as usually compose a stock of general merchandise. In cases where it is difficult to give such particular description as would enable a person to identify and distinguish the property by inspection, such general description has been held sufficiently certain in an action of detinue. — Haynes v. Crutchfield, 7 Ala. 186; Thompson v. Pearce, 49 Ala. 210. In trespass, where damages only are recoverable, less certainty and particularity…
2Cases cited16 opinions
- Woodbury v. StateSupreme Court of Alabama · 1881
- Levy & Co. v. WilliamsSupreme Court of Alabama · 1885
- Boyd v. StateSupreme Court of Alabama · 1889
- Eureka Co. v. EdwardsSupreme Court of Alabama · 1881
- Nelson v. CookIllinois Supreme Court · 1858
11 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Howell v. CardenSupreme Court of Alabama · 1891
- Allen v. RiddleSupreme Court of Alabama · 1904
- Loucheim & Co. v. First Nat. Bank of TalladegaSupreme Court of Alabama · 1893
- Federal Land Bank of New Orleans v. RoweSupreme Court of Alabama · 1931
- Southern Home Building & Loan Ass'n v. RiddleSupreme Court of Alabama · 1900
7 more not listed; retrieve them via the Exa API.