Sparkman v. Swift
Supreme Court of Alabama
Appeal from the Circuit Court of Morgan. Tried before the Hon. H. C. Speake. The appellant, Nancy C. Sparkman, brought an action of trespass against the appellees, M. T. Swift and others, to recover damages for the alleged wrongful taking of certain goods and chattels, averred to be the property of the plaintiff. The pleas are not set out in the record.
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Appeal from the Circuit Court of Morgan. Tried before the Hon. H. C. Speake. The appellant, Nancy C. Sparkman, brought an action of trespass against the appellees, M. T. Swift and others, to recover damages for the alleged wrongful taking of certain goods and chattels, averred to be the property of the plaintiff. The pleas are not set out in the record. Swift, at the time of the alleged trespass, was sheriff of Morgan county, and the seizure complained of was made by him under and by virtue of certain writs of attachment duly sued out and issued against one Solomon A. Sparkman, the husband of…
1Opinion of the CourtClopton, J.
— Though acting at different times and in different ways, several persons may commit a joint wrong, the acts preceding its consummation and contributing thereto; and a party may become, by ratification, a wrong-doer jointly with others, if the original wrong was done for his benefit, or to advance some purpose of his own. — Cooley on Torts, 127. Accordingly, where a creditor sues out a writ of attachment, and others become sureties on a bond to indemnify the sheriff, if he levies and seizes property, which is not subject to the attachment, and he accordingly levies, the creditor, sureties and…
2Cases cited3 opinions
- Ellis v. HowardSupreme Court of Vermont · 1845
- Screws v. WatsonSupreme Court of Alabama · 1872
- Eddy v. HowardSupreme Court of Iowa · 1867
3Cited by9 opinions
- Bowman v. HumphreySupreme Court of Iowa · 1906
- Vandiver & Co. v. PollakSupreme Court of Alabama · 1894
- Wm. Tackaberry Co. v. Sioux City Service Co.Supreme Court of Iowa · 1911
- Harris v. RussellSupreme Court of Alabama · 1890
- Koch v. PetersWisconsin Supreme Court · 1897
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