Johnson v. Collier
Supreme Court of Alabama
Appeal from Gadsden City Court. Heard before Hon John H. Disque. Action by B. T. Collier against T. L. Johnson and the sheriff and his official bond, in trespass for selling exempt property. From a judgment for plaintiff, defendants appeal. The facts in the case are that T. L. Johnson, who has since died, recovered of B. T. Collier a sum of money lost on a wager, under a complaint for money had and received and a special’count for money received on a bet or wager.
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Appeal from Gadsden City Court. Heard before Hon John H. Disque. Action by B. T. Collier against T. L. Johnson and the sheriff and his official bond, in trespass for selling exempt property. From a judgment for plaintiff, defendants appeal. The facts in the case are that T. L. Johnson, who has since died, recovered of B. T. Collier a sum of money lost on a wager, under a complaint for money had and received and a special’count for money received on a bet or wager. Under this judgment, and at the procurement of the plaintiff, execution was issued against Collier and by the sheriff levied upon…
1Opinion of the CourtDowdell, J.
The first question for our consideration in this case is whether a claim of exemption can be made to personal property levied on under execution issued upon a judgment based on a complaint for money lost on a wager. The answer to this question involves the determination of the character of the action in which the judgment Avas rendered, whether in tort or contract.- In the present instance the judgment on which the execution was issued was founded on a complaint containing a count for money had and received, etc., and a special count declaring for so much money lost by the plaintiff on a…
2Cases cited5 opinions
- Wilkinson v. SearcySupreme Court of Alabama · 1884
- Alley v. DanielSupreme Court of Alabama · 1883
- Davis v. YoungSupreme Court of Alabama · 1852
- Kennedy v. SmithSupreme Court of Alabama · 1892
- Motlow v. JohnsonSupreme Court of Alabama · 1907
3Cited by10 opinions
- Winn & Lovett Grocery Co. v. ArcherSupreme Court of Florida · 1936
- Fidelity-Phenix Fire Ins. Co. v. MurphySupreme Court of Alabama · 1933
- Standard Oil Co. v. DavisSupreme Court of Alabama · 1922
- Lewis v. ZellSupreme Court of Alabama · 1965
- Howton v. MathiasSupreme Court of Alabama · 1916
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