Ramsey v. Strobach
Supreme Court of Alabama
Appeal from City Court of Montgomery. Tried before Hon. John D. Cunningham. Tbe appellee, Strobaeh., was sheriff of Montgomery county. An attachment against the estate of one B. W. Ramsey having been placed in his hands, he delivered it to one J. A. Boothe, his regular deputy, to execute.
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Appeal from City Court of Montgomery. Tried before Hon. John D. Cunningham. Tbe appellee, Strobaeh., was sheriff of Montgomery county. An attachment against the estate of one B. W. Ramsey having been placed in his hands, he delivered it to one J. A. Boothe, his regular deputy, to execute. Boothe levied on fourteen mules and some other property on the plantation of said B. W. Ramsey, and made the plaintiff, R. E. Ramsey, his bailee, and as such he took care of the mules and fed them for some time, and also took charge of the other property. The testimony was conflicting as to what, if any,…
1Opinion of the CourtManning, J.
The plaintiff in this cause having made an affidavit according to § 2768 of the Revised Code, that the amount sued for was actually due, and that “ the recovery of the true amount was prevented by failure of proof,” — we think the verdict should have been permitted to stand. The words in the section, “ to be judged of by the court,” are to be referred to the immediately preceding clause, to wit, “ or some other sufficient cause.” The causes mentioned in the section are to be held sufficient, according to the decisions of this court on the prior similar statute, — more especially as the…
2Cited by6 opinions
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- American Wrecking Co. v. McManusWisconsin Supreme Court · 1921
- Bullock v. MasonSupreme Court of Alabama · 1915
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