Lyon v. Krebs
Supreme Court of Alabama
Error to the Circuit Court of Mobile. This was a petition for a supersedeas by the plaintiff in error, and motion to enter satisfaction upon an execution, which had issued against him and others.
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Error to the Circuit Court of Mobile. This was a petition for a supersedeas by the plaintiff in error, and motion to enter satisfaction upon an execution, which had issued against him and others. Pending the trial of the motion, it appears from a bill of exceptions, that the defendant, to support his motion, read the petition and the answer thereto, and also introduced evidence which, in the opinion of the court, was sufficient to prove that the judgment was paid and satisfied after its rendition, and before the spring term, 1844, of the court, and the plaintiff in opposition, and as a bar to…
1Opinion of the CourtOrmond, J.
It is very clear, that the court erred in holding, that the decision upon the previous motion to quash, was a bar to .the subsequent motion to enter satisfaction upon the execution. It further appears, that the plaintiff as ah answer to the motion, offered in evidence the proceedings and decree in a suit in Chancery between the same parties, and upon this the court in its judgment relies, as an adjudication upon the same point, between the same parties. Assuming this to be so, it was an answer to the motion, and authorized the judgment which the court rendered, and in this aspect, the error…
2Cited by3 opinions
- Butler v. OlshanSupreme Court of Alabama · 1966
- Brown v. Kingsberry Mortg. Co.Supreme Court of Alabama · 1977
- Hargrove v. De LisleTexas Supreme Court · 1869