Singer Sewing Machine Co. v. Henderson
Alabama Court of Appeals
Appeal from Pike Law and Equity Court. Heard before Hon. T. L. Borum. Action by the Singer Sewing Machine Company against J. M. Henderson on detinue bond. Judgment for defendant, and plaintiff appeals.
Read the full summary
Appeal from Pike Law and Equity Court. Heard before Hon. T. L. Borum. Action by the Singer Sewing Machine Company against J. M. Henderson on detinue bond. Judgment for defendant, and plaintiff appeals. Plea 1 is as follows: “The bond sued on in this case is void because the same was executed by the defendant for the forthcoming of property seized by the sheriff on a writ which did not justify him in seizing the same, and his act of seizure thereof was a trespass, in this: Said writ was a writ of detinue issued out of the law court of Pike county, Alabama, on, to wit, the 5th day of February,…
1Opinion of the CourtPelham, J.
The judgment entry in the record in this case recites an order of the court overruling plaintiff’s demurrers to defendant’s plea No. 1, and the further recital: “And the plaintiffs make known to the court that they will take a nonsuit in this case with a bill of exceptions. It is considered and adjudged by the court that a nonsuit be entered in this case, with a bill of exceptions.”
The provisions of section 3017 of the Code of 1907, providing for the sufferance of a nonsuit, do not require a bill of exceptions when the rulings complained of and which it is sought to review are matters which…
2Cases cited2 opinions
- Laster v. BlackwellSupreme Court of Alabama · 1900
- Counts v. HarlanSupreme Court of Alabama · 1885
3Cited by2 opinions
- Brasher v. First Nat. Bank of BirminghamSupreme Court of Alabama · 1936
- Wright v. WrightCourt of Civil Appeals of Alabama · 1975