Report of Cases Argued And Determined in the Court of Appeals of Alabama [electronic Serial]
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Report of Cases Argued And Determined in the Court of Appeals of Alabama [electronic Serial]
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In our eReader you can find the full English version of the book. Read Report of Cases Argued And Determined in the Court of Appeals of Alabama [electronic Serial] Online - link to read the book on full screen. Our eReader also allows you to upload and read Pdf, Txt, ePub and fb2 books. In the Mini eReder on the page below you can quickly view all pages of the book - Read Book Report of Cases Argued And Determined in the Court of Appeals of Alabama [electronic Serial]
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917; Woodruff v. Stmigh, 107 Ala. 328, 18 South. 258; Ex parte Bolton, 136 Ala.
149, 34 South. 226; Masterson v. Matthews, 60 Ala. 260.
In the last case cited above. Judge Stone, speaking for UCA Digitized by Google 210 COURT OP APPEALS [Vol.
[Swope V. Sherman.] the court, uses this language: "Nor is it any defense to this action [a suit by plaintiff on defendant's re- plevin bond in detinue] that ordinarily, a replevin bond, given by defendant in an action of detinue, has the force and effect ...of a judgment, when properly in- dorsed and returned forfeited. This is but a cumulative, summary remedy, and does not take away the common- law right to sue on the bond." We can discover no such difference between the two statutes — the one there and the one here under consideration — as would neces- sitate a different construction of the one here in the particular mentioned. Hence we hold that the lower court erred in sustaining the demurrer to the complaint The cause is therefore reversed and remanded.
What to read after Report of Cases Argued And Determined in the Court of Appeals of Alabama [electronic Serial]?
You can find similar books in the "Read Also" column, or choose other free books by Alabama. Court of Appeals to read onlineMoreLess
To quickly assess the difficulty of the text, read a short excerpt:
917; Woodruff v. Stmigh, 107 Ala. 328, 18 South. 258; Ex parte Bolton, 136 Ala.
149, 34 South. 226; Masterson v. Matthews, 60 Ala. 260.
In the last case cited above. Judge Stone, speaking for UCA Digitized by Google 210 COURT OP APPEALS [Vol.
[Swope V. Sherman.] the court, uses this language: "Nor is it any defense to this action [a suit by plaintiff on defendant's re- plevin bond in detinue] that ordinarily, a replevin bond, given by defendant in an action of detinue, has the force and effect ...of a judgment, when properly in- dorsed and returned forfeited. This is but a cumulative, summary remedy, and does not take away the common- law right to sue on the bond." We can discover no such difference between the two statutes — the one there and the one here under consideration — as would neces- sitate a different construction of the one here in the particular mentioned. Hence we hold that the lower court erred in sustaining the demurrer to the complaint The cause is therefore reversed and remanded.
What to read after Report of Cases Argued And Determined in the Court of Appeals of Alabama [electronic Serial]?
You can find similar books in the "Read Also" column, or choose other free books by Alabama. Court of Appeals to read onlineMoreLess
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