Stephens v. Head
Supreme Court of Alabama
Appeal from the Circuit Court of Cleburne. Tried before the Hon. Joi-in Pelham. This was an action brought by the appellee, John D. Head, against the appellant, W. A. Stephens. The complaint contained two counts. The first count was in trover and sought to recover damages for the alleged conversion b.v the defendant of 204 pairs of shoes, the property of the plaintiff.
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Appeal from the Circuit Court of Cleburne. Tried before the Hon. Joi-in Pelham. This was an action brought by the appellee, John D. Head, against the appellant, W. A. Stephens. The complaint contained two counts. The first count was in trover and sought to recover damages for the alleged conversion b.v the defendant of 204 pairs of shoes, the property of the plaintiff. The second count was in trespass, and sought to recover damages for the wrongful taking by the defendant of tlie said shoes. The defendant pleaded the general issue and several special pleas, setting up the fact that-the…
1Opinion of the CourtSharpe, J.
Under the facts as they appeared upon the former appeal in this case it was held that by his failure to give notice of his claim to the goods seized by the defendant as sheriff, plaintiff Avas estopped to subsequently assert that claim by suit. That conclusion was based 'upon the assumption that the defendant in making the seizure was acting under a valid execution against Willoughby, in avIioso store the goods were situated. — Stephens v. Head, 119 Ala. 511. To set up an estoppel in accordance, with the opinion then rendered, Avas apparent!y the purpose of jilea 5; but that plea as first…
2Cases cited5 opinions
- Marks v. Robinson & LedyardSupreme Court of Alabama · 1886
- Turner Coal Co. v. GloverSupreme Court of Alabama · 1893
- Maxwell v. PoundsSupreme Court of Alabama · 1897
- Stephens v. HeadSupreme Court of Alabama · 1898
- Marks & Gayle v. WoodSupreme Court of Alabama · 1901
3Cited by4 opinions
- Holman v. KetchumSupreme Court of Alabama · 1907
- Holland v. Fidelity Deposit Co. of MarylandSupreme Court of Alabama · 1932
- Rasmus v. SchafferSupreme Court of Alabama · 1935
- First Nat. Bank v. HardenAlabama Court of Appeals · 1919