Stallings v. Gilbreath
Supreme Court of Alabama
Appeal from Marshall Circuit Court. Heard before Hon. W. W. Haralson. Action by J. AY. Gilbreath against AVill Stallings and others. This was an action against AYill Stallings upon his official bond as marshall and ex-officio constable for damages for the wrongful levy upon goods belonging to the plaintiff. E. O. McCord, and J. T.'Hamrick were made parties defendant as joint tort-feasors.
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Appeal from Marshall Circuit Court. Heard before Hon. W. W. Haralson. Action by J. AY. Gilbreath against AVill Stallings and others. This was an action against AYill Stallings upon his official bond as marshall and ex-officio constable for damages for the wrongful levy upon goods belonging to the plaintiff. E. O. McCord, and J. T.'Hamrick were made parties defendant as joint tort-feasors. The evdence necessary to an understanding of the opinion is sufficiently stated therein. The defendant requested the following written charges, which were refused: “(1) The court charges the jury that if…
1Opinion of the CourtAnderson, J.
In order that the rulings of the trial court may be revised upon an appeal upon a motion for a diseontinfiance, the motion, of at least the grounds thereof, and an exception to the ruling, should be presented by bill of exceptions. The bill of exceptions in the case at bar does not set out the motion or the grounds thereof, and we must presume that the action of the court was justified by the facts presented on the motion.— Mock v. Walker, 42 Ala. 668; Masterson v. Gibson, 56 Ala. 56; Jarman v. McMahan’s Adm’r, 37 Ala. 431.
It appears that the goods in question were seized while in the…
2Cases cited3 opinions
- Masterson v. GibsonSupreme Court of Alabama · 1876
- Mock v. WalkerSupreme Court of Alabama · 1868
- Jarman v. McMahon's Adm'rSupreme Court of Alabama · 1861
3Cited by7 opinions
- Pickett v. RichardsonSupreme Court of Alabama · 1931
- Bell v. JonesSupreme Court of Alabama · 1931
- Rasmus v. SchafferSupreme Court of Alabama · 1935
- Earp v. StephensAlabama Court of Appeals · 1911
- Sterling v. ColvardSupreme Court of Alabama · 1969
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