Savage v. Gunter
Supreme Court of Alabama
[action on detinue bond.] Appeal from the Circuit Court of Walker. Tried before the Hon. Wm. S. Mudd. This action was brought by Macon Gunter, against James Savage, Thomas M. Ga’bbert, Wm. L. Stanley, and Wm.
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[action on detinue bond.] Appeal from the Circuit Court of Walker. Tried before the Hon. Wm. S. Mudd. This action was brought by Macon Gunter, against James Savage, Thomas M. Ga’bbert, Wm. L. Stanley, and Wm. A. Hewlett, and was founded on a penal bond, in the sum of $500, conditioned as follows: “Whereas the above-bound Gabbert & Stanley and James Savage, on the 3d August, 1854, obtained from the office of the clerk of the circuit court of Walker county a writ or summons against said Macon Gunter, returnable to the fall term of said court, 1854; by which said writ the sheriff of said county…
1Opinion of the CourtStone, J.
If the action of detinue instituted by Gabbert & Stanley and Savage against Gunter had proceeded to a verdict and judgment, and the verdict and judgment had been in favor of Gunter, the defendant in that suit, the judgment would necessarily have been against all the plaintiffs in that suit, “for the property sued for, or its alternate value.” — Code, § 2194. The present record, however, presents the question in a different form. The plaintiffs submitted to a voluntary non-suit, and thus placed it out of the power of the jury to render a verdict, assessing the value of the property. In such…
2Cases cited2 opinions
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3Cited by9 opinions
- Wood v. ComanSupreme Court of Alabama · 1876
- Neil v. J. I. Case & Co.Supreme Court of Kansas · 1881
- Foster v. Chamberlain & Co.Supreme Court of Alabama · 1867
- Street v. BrowningSupreme Court of Alabama · 1920
- Ernst Bros. v. HogueSupreme Court of Alabama · 1888
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