Cooper v. Jacobs
| Decision Date | 13 June 1887 |
| Citation | 2 So. 832,82 Ala. 411 |
| Parties | COOPER AND ANOTHER v. JACOBS AND ANOTHER. |
| Court | Alabama Supreme Court |
Appeal from circuit court, Calhoun county.
Trial of the right of property.
Bishop & Hanna, for appellants.
Brothers, Willett & Willett, contra.
The execution issued by the justice of the peace, HITTON, was properly excluded from admission in evidence; being void on its face. It fails to show in whose favor it was issued, and amounted to nothing more than a roving commission to any constable of the county to make a certain sum of money out of the goods and chattels of Hays & Roberts. The indorsement on the back of the execution was no part of it, and cannot be looked to in aid of this fatal defect. Affirmed.
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Barrett v. Brownlee
... ... Allen & ... Bell, of Birmingham, for appellee ... DE ... GRAFFENRIED, J ... In the ... case of Cooper & Co. v. Jacobs & Belsinger, 82 Ala ... 411, 2 So. 832, this court, through Somerville, J., said: ... "The execution issued by the justice of the ... ...
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McDonald v. State
... ... [2 So. 832.] ... our constitution. Mayor, etc., Mobile, v ... Yuille, 3 Ala. 137; Dorsey's Case, 7 ... Port. (Ala.) 295; Cooper v ... Schultz, 32 How. Pr. 107, and authorities cited; ... Coe v. Schultz, 47 Barb. 64; ... Metropolitan Board of Health v ... Heister, 37 N.Y ... ...
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Smith v. Bell
...43 Mo. 322; 1 Freem. Ex'ns, § 43. A conclusion to the contrary was reached by the supreme court of Alabama in the case of Cooper v. Jacobs, 82 Ala. 411, 2 South. 832, but we think the better view is stated by the supreme courts of New York and Michigan in the cases cited supra. There is not......
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Smith v. Bell
... ... 322; 1 Freem. Ex'ns, § 43. A ... conclusion to the contrary was reached by the supreme court ... of Alabama in the case of Cooper v. Jacobs, 82 Ala ... 411, 2 So. 832, but we think the better view is stated by the ... supreme courts of New York and Michigan in the cases cited ... ...