Lee v. Bryan
Supreme Court of Alabama
Writ of error to the Circuit Court of Barbour county, A claim was interposed, pursuant to the statute, to certain slaves levied on by the sheriff, by virtue of an execution, in favor of Bryan. The proper issue was submitted to a jury, which returned a verdict, finding the slaves subject to the execution, and assessing the value of each slave. The total value of all the slaves was $2900, according to the assessment.
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Writ of error to the Circuit Court of Barbour county, A claim was interposed, pursuant to the statute, to certain slaves levied on by the sheriff, by virtue of an execution, in favor of Bryan. The proper issue was submitted to a jury, which returned a verdict, finding the slaves subject to the execution, and assessing the value of each slave. The total value of all the slaves was $2900, according to the assessment. The verdict also found,, that the claim was made for delay merely,, and assessed $125 40, for damages for the frivolous claim, that sum being 10 per cent, on the amount of the…
1Opinion of the CourtGoldthwaite, J.
The proper judgment in this case *280would have been to declare the slaves subject to the plaintiff’s execution, and that he should recover from the claimant the damages assessed by the jury, together with his costs in that behalf expended. Hughes v. Rhea, Conner &. Co. 1 Ala. Rep. N. S. 609. Although the judgment as rendered, is irregular, and certainly erroneous, so far as it throws the plaintiff on the slaves for his damages, and costs, it cannot be reversed at the instance of the claimant, unless he can show that injury will result to him, if it is permitted to stand. In no aspect in which we…
2Cited by2 opinions
- Foster v. Bush & Co.Supreme Court of Alabama · 1894
- Willis & Co. v. Planters' & Merchants' Bank of MobileSupreme Court of Alabama · 1851