Smith, Stewart & Co. v. Dean
Supreme Court of Alabama
Appeal from Jefferson Circuit Court. Heard, before Hon. A. A. Coleman. Smith, Stewart & Company bad a judgment against N. C. Dean, and procured the issuance of an execution thereon. Dean moved to recall the execution on the ground that, the judgment had been satisfied before the issuance of the execution. Phom an order directing a recall of the execution the judgment creditor appeals.
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Appeal from Jefferson Circuit Court. Heard, before Hon. A. A. Coleman. Smith, Stewart & Company bad a judgment against N. C. Dean, and procured the issuance of an execution thereon. Dean moved to recall the execution on the ground that, the judgment had been satisfied before the issuance of the execution. Phom an order directing a recall of the execution the judgment creditor appeals. The motion was improvidently spread on the motion docket and no material issue in law or fact could be 'taken thereon on the facts averred, and the court had no jurisdiction to entertain such motion. — Edwards…
1Opinion of the CourtSayre, J.
Plaintiffs in error having obtained a judgment against Dean in the circuit court of Jefferson county, and execution having thereafter issued for its collection, Dean spread a motion upon the motion docket of the circuit court for an order recalling the execution on the ground that the judgment had been satisfied by the owner before the execution had issued. The motion invoked the court’s jurisdiction “to secure parties or privies in their rights against any oppression or abuse of execution, or other process, or upon any release, discharge, or payment after judgment” (Code, § 3256), as…
2Cases cited2 opinions
- Eslava v. FarleySupreme Court of Alabama · 1882
- Shearer v. BoydSupreme Court of Alabama · 1846
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