Riddle v. Batson
Alabama Court of Appeals
Appeal from Circuit Court, Jefferson County; John H. Miller, Judge. Suit by H. C. Riddle against T. j. Bat-son, as Sheriff, and the American Surety Company. Verdict and judgment for defendants, and plaintiff appeals.
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Appeal from Circuit Court, Jefferson County; John H. Miller, Judge. Suit by H. C. Riddle against T. j. Bat-son, as Sheriff, and the American Surety Company. Verdict and judgment for defendants, and plaintiff appeals. Charges 5 and 2 referred to in the opinion as refused to plaintiff are as follows: (5) The court charges the jury that if you are reasonably satisfied from the evidence that the levy was caused to have been made wantonly or maliciously, or from circumstances of aggravation, you may, in your discretion, award punitive damages to the plaintiff. (2) If you. are reasonably satisfied…
1Opinion of the CourtSamford, J.
[1,2] The principal question involved in this case is the refusal of the trial court to give the general charge as requested in writing by the plaintiff, and this action of the court turned on the question as to who was the owner of the property levied on. It is insisted by the defendant that the plaintiff in the purchase of the cow levied on was but the alter ego of W. M. Cousins, the defendant in execution, and that the plaintiff was practicing a fraud in undertaking to hide out the property of Cousins. The burden of proving title to the property was on the plaintiff, and while the…
2Cases cited7 opinions
- Snodgrass v. Branch Bank at DecaturSupreme Court of Alabama · 1854
- Alley v. DanielSupreme Court of Alabama · 1883
- Mann v. DardenSupreme Court of Alabama · 1911
- Boutwell v. Parker & Co.Supreme Court of Alabama · 1899
- Hall v. SantangeloSupreme Court of Alabama · 1912
2 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Cooke v. WilbanksSupreme Court of Alabama · 1931