Matthews v. Robinson
Supreme Court of Alabama
Error to tbe Circuit Court of Wilcox. Tried before tbe Hon. Robert Dougherty. This was an appeal, from the refusal of a justice of the peace to quash an execution, issued on a judgment rendered by him in favor of Robinson against Matthews, as garnishee of one Commander. The motion to quash was predicated on the ground, that the judgment had been satisfied before the issuance of the execution.
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Error to tbe Circuit Court of Wilcox. Tried before tbe Hon. Robert Dougherty. This was an appeal, from the refusal of a justice of the peace to quash an execution, issued on a judgment rendered by him in favor of Robinson against Matthews, as garnishee of one Commander. The motion to quash was predicated on the ground, that the judgment had been satisfied before the issuance of the execution. In support of the motion it was proved, that Matthews had sold and delivered to Robinson a slave, in consideration that he should pay all of his (Matthews’) debts; that Matthews was at that time owing a…
1Opinion of the CourtGoldthwaite, J.
There was no error in tbe charge. If tbe agreement by tbe defendant in error, to pay all tbe debts of Matthews, could have been set up by tbe plaintiff in error, to protect himself against tbe rendition of tbe judgment against bim as garnishee, be did not insist upon it, but allowed judgment to go against bim. This judgment, so far as this motion is concerned, is conclusive. Tbe summary remedy substituted by our practice in tbe place of tbe audita querela cannot go behind it. Burt v. Hughes, 11 Ala. Rep. 571.
Tbe judgment must be affirmed.
2Cases cited1 opinion
- Burt v. HughesSupreme Court of Alabama · 1847
3Cited by2 opinions
- Jesse French Piano & Organ Co. v. BradleySupreme Court of Alabama · 1904
- Werborn v. PinneySupreme Court of Alabama · 1883