Guy v. Lee
Supreme Court of Alabama
Appeal from the Circuit Court of Colbert. Tried before the Hon. H. C. Speaks. This was a “ trial of the right of property ” in a certain “ bay ” mule, between the appellee, W. C. Lee, as plaintiff in attachment, and the appellant, Bettie M. Guy, as claimant. The attachment suit was against George S. Poster, and was for damages for a breach of warranty of the title of a mare sold by Foster to Lee.
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Appeal from the Circuit Court of Colbert. Tried before the Hon. H. C. Speaks. This was a “ trial of the right of property ” in a certain “ bay ” mule, between the appellee, W. C. Lee, as plaintiff in attachment, and the appellant, Bettie M. Guy, as claimant. The attachment suit was against George S. Poster, and was for damages for a breach of warranty of the title of a mare sold by Foster to Lee. On the trial of the claim suit, the plaintiff offered in evidence the writ of attachment in said suit, which had been levied on the mule in controversy. The claimant objected to its introduction in…
1Opinion of the CourtSomerville, J.
— 1. It is objected that the affidavit and writ of attachment sued out by the plaintiff, against the defendant in the attachment suit, Poster, was not admissible in evidence against the claimant of the property levied od, because it is void. If this be true — that is, if the *167process be void, and not merely irregular or defective —the objection is well taken, otherwise not. —Talliaferro v. Lane, 23 Ala. 369 ; Ellis v. Martin, 60 Ala. 394.
The argument is, that the action being one to recover damages which are “ not certain or liquidated,” within the meaning of section 3252 of the Code (1876),…
2Cases cited12 opinions
- Humes v. O'Bryan & WashingtonSupreme Court of Alabama · 1883
- Daffron v. CrumpSupreme Court of Alabama · 1881
- Holley v. YoungeSupreme Court of Alabama · 1855
- Gibson v. MarquisSupreme Court of Alabama · 1857
- Ellis v. MartinSupreme Court of Alabama · 1877
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3Cited by5 opinions
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- Sloan v. HudsonSupreme Court of Alabama · 1898
- Carter v. O'Bryan Bros.Supreme Court of Alabama · 1894
- Byrd v. JonesSupreme Court of Alabama · 1887