Legal Opinion

Ratliff v. City of Bessemer

Alabama Court of Appeals

Decided December 14, 1920No. 6 Div. 834PublishedCited by 1 opinion

Appeal from Circuit Court, Jefferson County; J. C. B. Gwin, Judge. Action in detinue and for conversion of a mule by J. P. Bailiff against the city of Bessemer and others. Judgment for defendants and plaintiff appealed.

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Appeal from Circuit Court, Jefferson County; J. C. B. Gwin, Judge. Action in detinue and for conversion of a mule by J. P. Bailiff against the city of Bessemer and others. Judgment for defendants and plaintiff appealed. Claiming under impounding proceedings cast the burden on the claimant to show full compliance with the statutes andl regulations applying thereto. 138 Ala. 145, 34 South. 1009; 122 Ala. 662; 100 Ala. 631; 13 South. 607; ante, p. 315, 86 South. 108. The evidence showed without conflict that Ordinance No. 453 was not complied with. Possession, once shown, is presumed to continue…

1Opinion of the CourtMerritt, J.

The record of this appeal does not contain the summons, and the complaint as set out does not contain the names of the parties to the suit. We think, however, it fairly appears from the oral charge, and other matters contained in the record, that the suit was one by J. P. Ratliff, as plaintiff, against the city of Bessemer, C. M. Lacy, J. W. Ware, M. W. 1-Iill, and Will Hurd, defendants: and, no questions being raised as to this aspect of the case, it will be considered in the light of the above parties as plaintiff and defendants.

The plaintiff sought to recover damages for an alleged…

2Cases cited10 opinions

  1. Whitfield v. City of ParisTexas Supreme Court · 1892
  2. Barrett v. City of MobileSupreme Court of Alabama · 1900
  3. Dargan v. Mayor of MobileSupreme Court of Alabama · 1858
  4. Culver v. City of StreatorIllinois Supreme Court · 1889
  5. Gillmor v. Salt Lake CityUtah Supreme Court · 1907

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3Cited by1 opinion

  1. City of Tuscaloosa v. FittsSupreme Court of Alabama · 1923

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