Legal Opinion

New Morgan County Building & Loan Ass'n v. Plemmons

Supreme Court of Alabama

Decided June 7, 1923No. 8 Div. 491PublishedCited by 10 opinions

Appeal from Circuit Court, Morgan County; Robert C. Brickell, Judge. Action by Lillian M. Plemmons against the New Morgan County Building & Loan Association and others. From a judgment for plaintiff, the named defendant appeals. Transferred from the Court of Appeals under Acts 1911, p. 449, § 6. It is error to permit recovery of wearing apparel in the absence of evidence' of its value. Stewart & Bros. v. Harris, etc., Co., 6 Ala.

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Appeal from Circuit Court, Morgan County; Robert C. Brickell, Judge. Action by Lillian M. Plemmons against the New Morgan County Building & Loan Association and others. From a judgment for plaintiff, the named defendant appeals. Transferred from the Court of Appeals under Acts 1911, p. 449, § 6. It is error to permit recovery of wearing apparel in the absence of evidence' of its value. Stewart & Bros. v. Harris, etc., Co., 6 Ala. App. 518, 60 South. 446. Plaintiff’s conduct in absenting herself when the sheriff made the levy was such a consent to the taking as precludes the commission of a…

1Opinion of the CourtMiller, J.

This is a suit by Lillian M. Plemmons against the New Morgan County Building & Loan Association, a corporation, J. V. May, and the National Surety Company, a corjporation, for damages for wrongfully taking certain household and kitchen furniture described in the complaint, property of 'plaintiff, by a levy under a writ of attachment issued in favor of the New Mor gan County Building & Loan Association and against the estate of R. G. Plemmons.

The complaint avers the property mentioned. in the complaint belonged to plaintiff; that J. V. May was sheriff of the county, and under the writ of…

2Cases cited5 opinions

  1. City of Birmingham v. HawkinsSupreme Court of Alabama · 1916
  2. Louisville N. R. Co. v. ShikleSupreme Court of Alabama · 1921
  3. Robinson Mining Co. v. TolbertSupreme Court of Alabama · 1901
  4. Brock v. Berry, Demoville& Co.Supreme Court of Alabama · 1901
  5. Alexander v. Woodmen of WorldSupreme Court of Alabama · 1909

3Cited by10 opinions

  1. Beatty v. McMillanSupreme Court of Alabama · 1933
  2. New Morgan County Building & Loan Ass'n v. PlemmonsSupreme Court of Alabama · 1923
  3. State Ex Rel. Lynne v. GurleySupreme Court of Alabama · 1928
  4. Pennington v. Birmingham Baseball Club, Inc.Supreme Court of Alabama · 1964
  5. Rountree v. SatterfieldSupreme Court of Alabama · 1924

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