Sandford v. Wiley
Supreme Court of Alabama
Appeal from Autauga Circuit Court. Heard before Hon. W. W. Pearson. Action of detinue by W. D. Sanford against W. A. Wiley. From a judgment for defendant, plaintiff appeals. The appeal is from a judgment denying plaintiff a motion for neiv trial, the main basis for which is that the court erred in admitting in evidence a paper purporting to be a summons in another case between the parties to this suit.
Read the full summary
Appeal from Autauga Circuit Court. Heard before Hon. W. W. Pearson. Action of detinue by W. D. Sanford against W. A. Wiley. From a judgment for defendant, plaintiff appeals. The appeal is from a judgment denying plaintiff a motion for neiv trial, the main basis for which is that the court erred in admitting in evidence a paper purporting to be a summons in another case between the parties to this suit. The evidence of the plaintiff was that the defendant was a tenant living on his place during the years 1904-05, and that about the last of January, 1904, the plaintiff bought the cattle sued…
1Opinion of the CourtSimpson, J.
This is an action gf detinue, brought by the appellant, against the appellee, for a cow and calf. The court erred in overruling the motion of the plaintiff for a new trial. The court had admitted on the trial a previous summons in the justice of the peace court, purporting to be by the plaintiff against the defendant, which summons was not signed by the plaintiff or his attorney, and the evidence showed, without conflict, that the plaintiff disavowed said summons as soon as he saw it, refused to sign it, did not prosecute that suit, but immediately brought this suit. The plaintiff and a…
2Cited by4 opinions
- Ex Parte TeagueSupreme Court of Alabama · 1940
- W. S. Brewbaker, Inc. v. McClintonAlabama Court of Appeals · 1954
- Culverhouse v. GlennSupreme Court of Alabama · 1946
- Epps v. PetersAlabama Court of Appeals · 1934