70 So. 129 | Ala. | 1915
Appellee brought his statutory action of detinue against J. W. and R. D. Aikin for one bay mare mule and other personal property designated and described in the complaint. Arthur Aikin claimed the mule, made affidavit and bond as prescribed by the statute, and received possession of the animal from the sheriff. Judgment by default Avent against the claimant. After reciting claimant’s default, the court considered and adjudged that plaintiff have and recover of the claimant “the damages in this behalf expended,” and ordered a jury. The jury by their verdict found for the plaintiff and against the claimant for the property sued for, and assessed plaintiff’s “damages” at $100, Avhereupon the court ordered and adjudged that the plaintiff have and recover of the claimant and the sureties on his claim bond the sum of $100, with costs. On a later day the sheriff returned the claim bond forfeited. The sureties have taken this appeal.
The verdict and judgment are alike defective, and the defect must operate to reverse the judgment. — Jones v. Anderson, 82 Ala. 302, 2 South. 911.
Reversed and remanded.