Hall v. Perryman
Supreme Court of Alabama
Appeal from the City Court of Mobile. Tried before Hon. H. Chamberlain. This action was brought by G. B. , Hall, against E. S. Perryman, and sought to recover the costs and expenses incurred by the plaintiff, while sheriff of Baldwin county, in keeping possession, as such sheriff, of the steamboat James Battle, and was commenced on the 6th January, 1865. 'The hill of exceptions shows, that on the 6th May, 1861, a suit in detinue was brought by the defendant Perryman, to…
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Appeal from the City Court of Mobile. Tried before Hon. H. Chamberlain. This action was brought by G. B. , Hall, against E. S. Perryman, and sought to recover the costs and expenses incurred by the plaintiff, while sheriff of Baldwin county, in keeping possession, as such sheriff, of the steamboat James Battle, and was commenced on the 6th January, 1865. 'The hill of exceptions shows, that on the 6th May, 1861, a suit in detinue was brought by the defendant Perryman, to recover possession of the steamboat James Battle, against James & Greer, in the city court of Mobile ; that said steamer was…
1Opinion of the CourtA. J. Walker, C. J.
1. The plaintiff having seized the boat under an order in a detinue suit, could not legally have retained the boat for a longer time than ten days. The provisions of the Code are plain to that effect. — Revised Code, §§ 2593, 2594. The law upon the subject is not affected by the act of 8th February, 1861, or of 10th December, 1861. — Pamphlet Acts, Called Session of 1861, p. 3 ; Pamphlet Acts, Regular Session of 1861, p. 33.
2. The charge requested would have made the defendant liable for keeping the boat longer than ten days, upon the ground that he “insisted” upon the detention of the same *125fo…
2Cases cited2 opinions
- Townsend v. CowlesSupreme Court of Alabama · 1858
- Cowles v. TownsendSupreme Court of Alabama · 1860
3Cited by3 opinions
- Thorn v. KempSupreme Court of Alabama · 1893
- Elrod v. HamnerSupreme Court of Alabama · 1898
- Gay v. BurgessSupreme Court of Alabama · 1877