Marx v. Sanders
Supreme Court of Alabama
Appeal from Mobile Circuit Court. Tried before the Hon. War. E. ClaR.ee. This was a suit by the appellee, Wm. A. Sanders, brought on a judgment recovered by him before Edwin For dy, a Justice of the Peace of Mobile county, against the appellant, Leopold Marx, on the 7th of June, 1884. Sanders revived this judgment by statutory scire facias, on the 21st of June, 1886. The present suit was brought on the 9th of May, 1892. The defense of the statute of limitations of six years…
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Appeal from Mobile Circuit Court. Tried before the Hon. War. E. ClaR.ee. This was a suit by the appellee, Wm. A. Sanders, brought on a judgment recovered by him before Edwin For dy, a Justice of the Peace of Mobile county, against the appellant, Leopold Marx, on the 7th of June, 1884. Sanders revived this judgment by statutory scire facias, on the 21st of June, 1886. The present suit was brought on the 9th of May, 1892. The defense of the statute of limitations of six years was pleaded, and it was agreed between the parties that the court should determine the cause without a jury. The…
1Opinion of the CourtWalker, J.
The first count of the complaint having been withdrawn, the only cause of action relied on was the *502one stated in the second count. The appellee now contends that that count is upon the judgment rendered by the justice of the peace on the scire facias, and not upon the original judgment. Construing the pleading most strongly against the pleader, it must be concluded that the plaintiff’s alleged right to recover is predicated upon the original judgment. The amount sued for is claimed as “due by judgment .... rendered on June 7th, 1884.” That was the original judgment. The clause immediately…
2Cases cited3 opinions
- Field v. SimsSupreme Court of Alabama · 1893
- Baker, Fry & Co. v. IngersollSupreme Court of Alabama · 1861
- Shelley v. GravesSupreme Court of Alabama · 1856
3Cited by7 opinions
- Quill v. Carolina Portland Cement Co.Supreme Court of Alabama · 1929
- Second Nat. Bank of Cincinnati, Ohio v. AllgoodSupreme Court of Alabama · 1937
- Eatman v. GoodsonAlabama Court of Appeals · 1951
- McLendon v. HepburnCourt of Civil Appeals of Alabama · 2003
- Mobile Drug Co. v. McCulloughSupreme Court of Alabama · 1927
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