New Morgan County Building & Loan Ass'n v. Plemmons
Supreme Court of Alabama
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.
Read the full summary
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
- City of Birmingham v. HawkinsSupreme Court of Alabama · 1916
- Louisville N. R. Co. v. ShikleSupreme Court of Alabama · 1921
- Robinson Mining Co. v. TolbertSupreme Court of Alabama · 1901
- Brock v. Berry, Demoville& Co.Supreme Court of Alabama · 1901
- Alexander v. Woodmen of WorldSupreme Court of Alabama · 1909
3Cited by10 opinions
- Beatty v. McMillanSupreme Court of Alabama · 1933
- New Morgan County Building & Loan Ass'n v. PlemmonsSupreme Court of Alabama · 1923
- State Ex Rel. Lynne v. GurleySupreme Court of Alabama · 1928
- Pennington v. Birmingham Baseball Club, Inc.Supreme Court of Alabama · 1964
- Rountree v. SatterfieldSupreme Court of Alabama · 1924
5 more not listed; retrieve them via the Exa API.