Perkins v. Mayfield
Supreme Court of Alabama
On writ of error to the Circuit Court of Tuska-loosa. This cause came before this Court by writ of error, to revise a judgment of the Circuit Court of Tuskaloosa county.
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On writ of error to the Circuit Court of Tuska-loosa. This cause came before this Court by writ of error, to revise a judgment of the Circuit Court of Tuskaloosa county. A bill of exceptions was sealed in the progress of the trial, from which the following facts appeared, vis: That John Spencer, sen’r, late of that county, made his will, and died previous to the year eighteen hundred and thirty-one : That one Edward B. Elliott was appointed by him, executor, who qualified as such; and that, the Judge of the County Court, from whom he received letters testamentary, made a decree, on the…
1Opinion of the CourtCollier, J.
The assignments of error and the argument for the plaintiffs, assert that the decree of the County Court is too defective to authorise the issuance of an execution, and that the execution is in other respects, irregular and void. If *186the right of the Court to examine these questions, was untrammelled by previous decisions, it is not improbable, that we should conclude, that a void fi. fa. was such process, as property could not be condemned to satisfy. If an execution is so palpably defective, and for causes appearing on its face, or on an inspection of the judgment or decree, on which it…
2Cases cited1 opinion
- United States v. Hooe Et Al.Supreme Court of the United States · 1805
3Cited by13 opinions
- Tannahill v. TuttleMichigan Supreme Court · 1854
- Davidson v. ShipmanSupreme Court of Alabama · 1844
- Williams v. JonesSupreme Court of Alabama · 1841
- Pulliam, Wills, Rankin & Co. v. Newberry's AdministratorSupreme Court of Alabama · 1867
- Crosby v. HutchinsonSupreme Court of Alabama · 1875
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