Bain v. Wells
Supreme Court of Alabama
Appeal from the Circuit Court of Marshall. Tried before the Hon. James A. Bilbro. This action was brought by the appellant, George Bain, against the appellee, M. G. Wells, as sheriff, and the sureties on his official bond, to recover damages for the unlawful taking of several hundred bushels of corn, alleged to have been the property of the plaintiff. The defendant pleaded four pieas. The 1st was the general issue.
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Appeal from the Circuit Court of Marshall. Tried before the Hon. James A. Bilbro. This action was brought by the appellant, George Bain, against the appellee, M. G. Wells, as sheriff, and the sureties on his official bond, to recover damages for the unlawful taking of several hundred bushels of corn, alleged to have been the property of the plaintiff. The defendant pleaded four pieas. The 1st was the general issue. The 2d plea averred justification under a landlord’s writ of attachment for rent. There was a demurrer sustained to the third plea. Defendant then filed a fourth plea alleging in…
1Opinion of the CourtColeman, J.
The appellant, George Bain, sued Wells, as sheriff, for the wrongful seizure of four hundred bushels of corn levied upon under an attachment sued out by one McDonald, as administrator, against Simps Bain, brother of plaintiff. The defendant pleaded the general issue, and justified under two special pleas, numbered two and four.
The pleas of the defendant showed substantially the following facts, and the evidence tended to support them : That for the year 1890 McDonald, as administrator, rented certain lands to plaintiff, George Bain. That some time in December, 1890, McDonald, as…
2Cases cited5 opinions
- Shakespeare v. AlbaSupreme Court of Alabama · 1884
- Gafford v. StearnsSupreme Court of Alabama · 1874
- Burbank v. DyerIndiana Supreme Court · 1876
- Robinson & Ledyard v. HoltSupreme Court of Alabama · 1890
- Perry v. Danner & Co.Supreme Court of Alabama · 1883
3Cited by19 opinions
- Prestwood v. CarltonSupreme Court of Alabama · 1909
- Formby v. WilliamsSupreme Court of Alabama · 1919
- Ex parte BanksSupreme Court of Alabama · 1913
- Plunkett v. DendySupreme Court of Alabama · 1916
- Walter v. Alabama Great Southern R. R.Supreme Court of Alabama · 1904
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