Smith v. Kaufman
Supreme Court of Alabama
Appeal from the Circuit Court of Jefferson. Tried before the Hon. James B. Head. This action was brought by S. Kaufman against J. S. Smith, who was the sheriff of the county, and four other persons, who were the sureties on his official bond; and sought to recover damages for an alleged trespass in entering on certain premises, particularly described, and taking from the storehouse a stock of goods.
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Appeal from the Circuit Court of Jefferson. Tried before the Hon. James B. Head. This action was brought by S. Kaufman against J. S. Smith, who was the sheriff of the county, and four other persons, who were the sureties on his official bond; and sought to recover damages for an alleged trespass in entering on certain premises, particularly described, and taking from the storehouse a stock of goods. The trespass consisted in the levy by one Sharpe, a deputy-sheriff, of an attachment against one Bandman on a stock of goods which the plaintiff claimed to have purchased from said Bandman. The…
1Opinion of the CourtMcCLELLAN, J.
— The question which the trial court allowed to be addressed to the witness Sharpe, against defendant’s objection, may have been improper — it is not necessary to determine whether it was or not; but, if so, no injury resulted to the appellants in that Sharpe’s answer thereto, assuming the relevancy of the proposed testimony, was favorable to them. — Holland v. Bergan, 89 Ala. 622; Insurance Co. v. Moog, 78 Ala. 284.
2. It seems that when the sheriff was about to levy on the goods found in Kaufman’s possession, as the property of Bandman, he suggested to him that he make a claim-bond, and that…
2Cases cited3 opinions
- Phœnix Insurance v. MoogSupreme Court of Alabama · 1884
- Stix & Co. v. KeithSupreme Court of Alabama · 1888
- Holland v. BerganSupreme Court of Alabama · 1889
3Cited by5 opinions
- McCaffey C. Co., Inc. v. Bank of AmericaCalifornia Court of Appeal · 1930
- Nelms v. Steiner Bros.Supreme Court of Alabama · 1896
- Birmingham Electric Co. v. RyderSupreme Court of Alabama · 1932
- Dixie v. HarrisonSupreme Court of Alabama · 1909
- Smith v. KaufmanSupreme Court of Alabama · 1893