Tanneyhill v. Bennett
Supreme Court of Alabama
Certiorari to Court of Appeals. Petition by J. G. Bennett for certiorari to the Court of Appeals to review and revise the judgment and decision of said court rendered in the case of John Tanneyhill v. J. G. Bennett, 86 South. 108. Under Perry’s Local Acts for Jefferson County, p. 567, a written statement or complaint was not necessary .to be filed with the justice of the peace.
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Certiorari to Court of Appeals. Petition by J. G. Bennett for certiorari to the Court of Appeals to review and revise the judgment and decision of said court rendered in the case of John Tanneyhill v. J. G. Bennett, 86 South. 108. Under Perry’s Local Acts for Jefferson County, p. 567, a written statement or complaint was not necessary .to be filed with the justice of the peace. The proper predicate having been laid, showing the loss and destruction of original notices, parol evidence was admissible to show their contents. 3 Port. 430; 10 Ala. 460; 20 Ala. 485; 91 Ala. 567, 8 South. 347; 170…
1Opinion of the CourtThomas, J.
The action was detinue and for conversion.
[1, 2] It is settled in this jurisdiction that in respect to suits for the recovery of personal property when its title is claimed through an impounding — where stock runs at large in a' district in which this is prohibited — the burden is on him who claims under such title to show affirmatively that the necessary statutory requirements had been complied with. McCrossin v. Davis, 100 Ala. 631, 13 South. 607; Ryall v. Epps, 122 Ala. 662, 26 South. 1033; Ryall v. Smith, 138 Ala. 145, 34 South. 1009. The proper predicate having been laid at the trial,…
2Cases cited10 opinions
- Postal Tel. Cable Co. v. MinderhoutSupreme Court of Alabama · 1916
- Capital City Water Co. v. State ex rel. MacdonaldSupreme Court of Alabama · 1894
- Patton v. RamboSupreme Court of Alabama · 1852
- Thomas Bros. v. WilliamsSupreme Court of Alabama · 1911
- McCrossin v. DavisSupreme Court of Alabama · 1892
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3Cited by1 opinion
- Tryson v. Southern Realty Corp.Court of Appeals for the D.C. Circuit · 1921