Ex parte Bolton
Supreme Court of Alabama
The facts in the case are sufficiently stated in the opinion. When detinue suits are dismissed or abated and the property sued for is in the hands of the plaintiff, the defendant has either the right to sue on the replevy bond or take advantage of the rights prescribed for him in section 1482 of the Code. — Ernst.
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The facts in the case are sufficiently stated in the opinion. When detinue suits are dismissed or abated and the property sued for is in the hands of the plaintiff, the defendant has either the right to sue on the replevy bond or take advantage of the rights prescribed for him in section 1482 of the Code. — Ernst. Bros. v. Hogue, 86 Ala. 402; Johnson v. Montgomery Furniture Go., 107. Ala. 656. Mandamus is the proper remedy. — Jennings v. Pearce, 99 Ala. 305; Ex parte Woodruff, 123 Ala. 99; Speed et ais. v. Coche, Admr, 57 Ala. 215; Wilson v. Duncan, 114 99 Ala. 305; Ex parte Grocery Go., 120…
1Opinion of the CourtHaralson, J.
It appears that Cuthbert & Parker instituted an action of detinue in the circuit court of Mobile county, against the petitioner, John S. Bolton, for the recovery in specie of two mules; that at the spring term of the court, 1902, the trial of said cause was entered upon, and before final judgment on the merits, as the petitioner avers, the plaintiffs took a voluntary non-suit with a bill .of exceptions, and that this term of the court adjourned on the 28th of June, 1902. At the fall term of said court, 1902, the petitioner, John S. Bolton, presented his petition to the said circuit court,…
2Cases cited2 opinions
- Wood v. ComanSupreme Court of Alabama · 1876
- Ernst Bros. v. HogueSupreme Court of Alabama · 1888
3Cited by2 opinions
- Jaffe v. Fidelity & Deposit Co.Alabama Court of Appeals · 1913
- Nelson v. United States Fidelity & Guaranty Co.Supreme Court of Alabama · 1949