Rich v. Lowenthal
Supreme Court of Alabama
Appeal from the City Court of Birmingham. Heard before the Hón. H. A. Sharpe. This is an appeal from a judgment rendered in the City Court of Birmingham quashing an execution issued on a forfeited replevy bond.
Read the full summary
Appeal from the City Court of Birmingham. Heard before the Hón. H. A. Sharpe. This is an appeal from a judgment rendered in the City Court of Birmingham quashing an execution issued on a forfeited replevy bond. The bond was given by Yerona Rich, with Herman Lowenthal and Moses Lowenthal as her sureties, to retain possession of certain personal property for the recovery of which Herman Rich had instituted an action of detinue against the said V erona Rich and Louis Hecht and Robert Hecht. The plaintiff having made affidavit and given bond at the commencement of the suit, as provided by the…
1Opinion of the CourtHead, J.
Our statutory action for the recovery of personal chattels in specie, Code, § 2717, et seq., combines the qualities of detinue and replevin, as those remedies were understood at the common law. But one form and method of procedure are prescribed for any recovery of a chattel, whether the grievance be the mere wrongful detention resulting from a possession originating in contract, or an unlaAVful taking and detention;»and to this procedure is adapted the machinery of the action of replevin for seizing the prop*491erty, at tbe institution of the suit, aucl its custody, under bonds, to abide…
2Cases cited5 opinions
- McKeen v. NelmsSupreme Court of Alabama · 1846
- McBarnett v. BreedSupreme Court of Alabama · 1844
- Witherington v. BrantleySupreme Court of Alabama · 1850
- Sherry v. PriestSupreme Court of Alabama · 1876
- Waite v. WardSupreme Court of Alabama · 1890
3Cited by3 opinions
- Lockwood v. ThompsonSupreme Court of Alabama · 1916
- Richardson v. First National Bank of Columbus, Ga.Court of Civil Appeals of Alabama · 1970
- Robertson v. KingSupreme Court of Alabama · 1898