Legal Opinion

Higdon v. Garrett

Alabama Court of Appeals

Decided May 14, 1912PublishedCited by 2 opinions

Appeal from Jefferson Circuit Court. Heard before Hon. A. O. Lane. Action by Mrs. W. J. Garrett against E. L. Higdon,, as sheriff, in trespass and trover. Judgment for plaintiff, and defendant appeals.

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Appeal from Jefferson Circuit Court. Heard before Hon. A. O. Lane. Action by Mrs. W. J. Garrett against E. L. Higdon,, as sheriff, in trespass and trover. Judgment for plaintiff, and defendant appeals. The first count claimed damages for the wrongful taking of the following goods and chattels, the property of the plaintiff, on, to-wit, the 21st day of December, 1907, to-wit: 12 mattings, 14 tables, a lot of rugs, a lot of curtains, 4 rocking chairs, 56 chairs, 1 hatrack, 1 water cooler, 11 dressers, 11 wash stands, 25 bedsteads, 25 bed springs, 25 mattresses, 12 bowls and 12 pitchers, a Jot…

1Opinion of the Court

WALKER, P. J. —

The complaint contained tAvo counts, each of them folloAAÚng a form prescribed by the Code, the first being for trespass in taking personal property, and the second for conversion. There can be no question as to each of the counts alleging a cause of action, as each of them aAmrs a breach of duty in a manner made sufficient by statute. — Code, § 5382, Forms 23 and 24. The suggestion is made in the argument of the counsel for the appellant that the complaint Aims subject to objection because of its failure to sIioav any breach of duty by the defendant as sheriff, though the…

2Cases cited3 opinions

  1. Ala. Fertilizer Co. v. Reynolds & LeeSupreme Court of Alabama · 1887
  2. Hooper v. DorseyAlabama Court of Appeals · 1912
  3. Brooks v. RomanoSupreme Court of Alabama · 1906

3Cited by2 opinions

  1. Cox v. StuartSupreme Court of Alabama · 1934
  2. Southern Ry. Co. v. SlatonAlabama Court of Appeals · 1917

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