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43 Ala. 689

Johnson v. West

Supreme Court of Alabama

Decided June 15, 1869

Supreme Court of Alabama · decided 1869-06-15

Tried before the Hon. Thomas M. Arrington. In 1861, B. P. Loftin recovered a judgment in the circuit court of Montgomery against Briton West, and by virtue of an execution issued thereon in 1866, Loftin caused Johnson, the sheriff, to levy on and sell one bale of cotton, the property of the plaintiffs, who brought suit against said Johnson and Loftin, to recover damages for the conversion of said cotton.

Relies on Ward v. Reynolds · Lampley v. Beavers · Foster v. Rodgers

Good law ✅— No negative treatment on recordhow we know

Decided 1869-06-15

How this case has been cited

Cited by 5 later decisions — most recently November 1931

5 state decisions

2018691870188018901900191019201930decided

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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B. F. SAFFOLD, J.

¶1The motion to strike the case from the docket was properly overruled. A general appearance by the defendant cures the want of service of process, and is a waiver of any defect or irregularity in the service.— *691Goldsmith v. Stetson & Co., 39 Ala. 184; Lampley v. Blavers et al., 25 Ala. 534.

¶2The testimony of West respecting the value of the cotton, was admissible. The price which a similar quality sold for, on the day of the levy, in the city of Montgomery, only twenty-eight miles distant, was a criterion from which the value of this cotton could be deduced.—Ward v. Reynolds, 32 Ala. 384; Foster v. Rogers, 27 Ala. 602.

¶3The charge asked was properly refused. The father had given his children, all of whom were over twenty-one years of age, except one, the use of two or three acres of arable land, for one year, the rent of which was probably not more than five or six dollars. It was not shown that he was insolvent, or that the gift impaired his means of paying his debts. The cotton levied on was the product of the labor of these children.

¶4The judgment is affirmed.

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