Baker v. Swift & Son
Supreme Court of Alabama
Appeal from the Circuit Court of Lee. Tried before the Hon. Jesse M. Carmichael. This action was brought by George P. Swift & Son, suing as partners, against B. P. & It.
Read the full summary
Appeal from the Circuit Court of Lee. Tried before the Hon. Jesse M. Carmichael. This action was brought by George P. Swift & Son, suing as partners, against B. P. & It. H. Baker, to recover several mules, horses, and other personal property; and was commenced on the 19th December, 1885. The summons, as copied into the transcript, was not signed by the clerk; but indorsed on it was an order of seizure to the sheriff, in regular form, which was dated December 19th, and was signed by the clerk. The sheriff returned the writ, December 21st, 1885, executed by service on B. P. Baker, and not found…
1Opinion of the CourtStone, C. J.
This was a statutory action for the recovery of personal chattels in specie, a substitute, with additional powers, for the common-law action of detinue. The summons, which accompanied the complaint, was not signed by the clerk; but the indorsement upon it, stating that plaintiffs had made the necessary affidavit and given bond, and commanding the sheriff to seize the chattels, was signed by the clerk officially, and bears the same date as the summons. Under this order of seizure, the sheriff did take possession of the -chattels; and the defendants failing to give a replevin bond within five…
2Cases cited3 opinions
- Yonge v. BroxsonSupreme Court of Alabama · 1853
- Lenoir v. Broadhead's AdministratorSupreme Court of Alabama · 1873
- Harrison v. HolleySupreme Court of Alabama · 1871
3Cited by12 opinions
- Wynn v. McCraneySupreme Court of Alabama · 1908
- De Bardeleben v. StateAlabama Court of Appeals · 1918
- McLaughlin v. BeyerSupreme Court of Alabama · 1913
- Lockwood v. ThompsonSupreme Court of Alabama · 1916
- McDonald v. Alabama Midland Railway Co.Supreme Court of Alabama · 1898
7 more not listed; retrieve them via the Exa API.