Burns v. Campbell
Supreme Court of Alabama
Appeal from the City Court of Selma. Tried before S. W. JonN, Esquire, an attorney of tbe court, selected by the clerk under the provisions of § 18 of Art. YI. of the Constitution, the presiding judge having been, for legal cause, incompetent to try tbe cause.
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Appeal from the City Court of Selma. Tried before S. W. JonN, Esquire, an attorney of tbe court, selected by the clerk under the provisions of § 18 of Art. YI. of the Constitution, the presiding judge having been, for legal cause, incompetent to try tbe cause. This was an action of'trespass de bonis asportatis, brought by Jasper N. Campbell against John E. Burns and Dick Hill, and was commenced in tbe Circuit Court of Dallas county on 18th January, 1875. At tbe spring term, 1876, of said court tbe plaintiff amended his complaint by adding James IT. Bums as a party defendant; and afterwards…
1Opinion of the CourtSomeryille, J.
The present case is an action of trespass, brought by a mortgagor against the mortgagee and another, for taking possession of certain personal property, under a power of sale contained in the mortgage. The seizure was made in January, 1875, after the law-day of the mortgage, by order of the defendant, John F. Burns, acting as the agent of his father, James IT. Burns, who is shown not to have originally authorized the act, but who is sought to be made liable upon the ground of a subsequent ratification.
1. At the time of this transaction, the principle of law prevailing in this State was, that…
2Cases cited50 opinions
- South & North Ala. Railroad v. McLendonSupreme Court of Alabama · 1879
- Pickens v. OliverSupreme Court of Alabama · 1857
- Pollock & Co. v. GanttSupreme Court of Alabama · 1881
- Kirksey v. JonesSupreme Court of Alabama · 1845
- Otis v. SillNew York Supreme Court · 1849
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3Cited by92 opinions
- McGuff v. StateSupreme Court of Alabama · 1946
- Thompson v. StateSupreme Court of Alabama · 1893
- Fidelity-Phenix Fire Ins. Co. of New York v. MurphySupreme Court of Alabama · 1936
- Singer Sewing Machine Co. v. RiosTexas Supreme Court · 1903
- Norris v. StateSupreme Court of Alabama · 1934
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