Nabors v. Nabors
Supreme Court of Alabama
This action, being detinue, was instituted in the Circuit Court of Shelby, by the defendant in error, to recover possession of certain slaves. An objection, by plea, was made to the writ, that it was returnable to a day in February, when, by law, it should have been to March. The Court below, rejected the plea, and a writ of error was taken to this Court, where the defect in the return of the writ, was insisted on, as error.
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This action, being detinue, was instituted in the Circuit Court of Shelby, by the defendant in error, to recover possession of certain slaves. An objection, by plea, was made to the writ, that it was returnable to a day in February, when, by law, it should have been to March. The Court below, rejected the plea, and a writ of error was taken to this Court, where the defect in the return of the writ, was insisted on, as error. The record showed the statement of an entry of the title of the cause, the nature of the action, and the names of prosecuting and defending counsel. It also disclosed,…
1Opinion of the Court
By Mr. Justice Hitchcock :
This is an action of detinue, brought by William Nabors, against the plaintiff in error, for two negro slaves. The writ was issued on the first day of November, 1830; and is made returnable on the “fifth Monday after the fourth Monday in February,'' then next, when it should have been, fifth Monday after the fourth Monday in March then next The negroes were replevied by the defendant — and bond given under the statute, by the defendant — who kept possession *166of the negroes, The condition is such, as is usual in such cases. At the May term, 1831, which was the return…
2Cited by7 opinions
- Grigg v. GilmerSupreme Court of Alabama · 1875
- Penney v. SpeakeSupreme Court of Alabama · 1951
- Morrow v. Norvell-Shapleigh Hdw. Co.Supreme Court of Alabama · 1910
- Lang v. StateAlabama Court of Appeals · 1959
- Moore v. DickersonSupreme Court of Alabama · 1870
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