¶1I dissent from tbe opinion of tbe majority of the court in this case, for reasons which I stated, at length, in the case of Dwyer v. Kennemore, at January term, 1858. In that case, we departed from our former construction of section 2403 of the Code, as the same had been expressed in the case of Stodder v. Grant & Nickels, 28 Ala. 416. Having, in one respect, departed from the former construction, I think we should go farther, and place section 2403 of the Code on the high remedial ground, which, I think, it was designed to occupy.
32 Ala. 626
Pickens v. Oliver
Decided June 15, 1858
Supreme Court of Alabama · decided 1858-06-15
[detinue bt husband and wipe for slaves belonging to separate estate.] Appeal from the Circuit Court of Butler. Tried before the Hon. E. W. Pettus. This case was before this court at its' January term, 1857, when the judgment of the court below was reversed, and the cause remanded. — See 29 Ala. 528. The additional facts disclosed on the second trial, as shown in the bill of exceptions in the present record, are stated in the opinion of the court.
Relies on Stodder v. Grant & Nickels
Good law ✅— No negative treatment on recordhow we know
Decided 1858-06-15
How this case has been cited
Cited by 11 later decisions — most recently October 1962
11 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
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