Herndon v. Bartlett
Supreme Court of Alabama
This wrs an action of trespass, for breaking and entering the close of the plaintiff, and talcing there-Hum a horse, alleged to have been in the possession of, and owned by the plaintiff; and was prosecuted in Greene Circuit Court, by Bartlett against Herndon.- ' The declaration complained, that the defendant, on the --- day of -- eighteen hundred and thirty-one, with force and arms, &c, broke and entered a certain stable of the said plaintiff, in the county aforesaid, and…
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This wrs an action of trespass, for breaking and entering the close of the plaintiff, and talcing there-Hum a horse, alleged to have been in the possession of, and owned by the plaintiff; and was prosecuted in Greene Circuit Court, by Bartlett against Herndon.- ' The declaration complained, that the defendant, on the --- day of -- eighteen hundred and thirty-one, with force and arms, &c, broke and entered a certain stable of the said plaintiff, in the county aforesaid, and then and there broke to pieces, damaged and spoiled divers locks, staples and hinges of, and belonging to the door of the…
1Opinion of the CourtGoldthwaite, J.
— Bartlett declaired against Herndon in the'Court below, for breaking and entering his stable and close, breaking and destroying locks, &c. and for taking and converting to his own use, a horse of a particular description, there found.
The declaration contains- two counts, which are in the usual form of trespass quare clausum fregit et de bonis asportavit, and are similar to each other ins every respect except this: In the first, the defendant below, is charged to have broken and destroyed, divers locks, staples and hinges, and to have taken and converted the horse — -and in the second, the…
2Cited by8 opinions
- Louisville & Nashville Railroad v. HallSupreme Court of Alabama · 1901
- Brown v. MasterSupreme Court of Alabama · 1894
- Southern Railway Co. v. HayesSupreme Court of Alabama · 1913
- Folmar & Sons v. Copeland & BrantleySupreme Court of Alabama · 1877
- Brown v. FloydSupreme Court of Alabama · 1909
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