Southern Hardware & Supply Co. v. Lester
Supreme Court of Alabama
Appeal from Mobile Law and Equity Court. Heard before Hon. Saffold Beiiney. Detinue by the Southern Hardware & Supply Company against Prank Cazalas, Sheriff, for certain moneys. On motion of the sheriff, Lillie B. Lester was alleged to be the claimant of the property and was substituted as defendant. Prom a judgment for defendant plaintiff appeals.
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Appeal from Mobile Law and Equity Court. Heard before Hon. Saffold Beiiney. Detinue by the Southern Hardware & Supply Company against Prank Cazalas, Sheriff, for certain moneys. On motion of the sheriff, Lillie B. Lester was alleged to be the claimant of the property and was substituted as defendant. Prom a judgment for defendant plaintiff appeals. Under the facts in this case the principal may recover property misapplied by his agent so long as it is distinguishable. — 1 A. & E. Ency. of Law, p. 1175; Overseer of Poor v. Bank, 44 Am. Dec. 399. There was no question under the evidence about…
1Opinion of the CourtMcCLELLAN, J.
The Southern Hardware & Supply Company instituted in the law and equity court of Mobile this action of detinue to recover $5,620 of United States currency against Frank Cazalas as sheriff of Mobile county. The sheriff had come into possession of the currency as the result of obedience to the mandate of a search warrant issued out of the inferior criminal court of Mobile county on qp affidavit made by Hard-away Young, wherein it was charged that Lillie B. Les*90ter and. her husband, Fleetwood Lester, had stolen the said sum of money belonging to the Southern Hardware & Supply Company, a…
2Cases cited5 opinions
- Royal v. GossSupreme Court of Alabama · 1907
- Troy Fertilizer Co. v. PrestwoodSupreme Court of Alabama · 1896
- Eaton v. PattersonSupreme Court of Alabama · 1832
- Pruett v. GunnSupreme Court of Alabama · 1909
- Sullivan v. RobinsonSupreme Court of Alabama · 1865
3Cited by21 opinions
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- Enzor v. StateAlabama Court of Appeals · 1936
- Prudential Insurance v. BlissNebraska Supreme Court · 1932
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