Spann v. Cole
Supreme Court of Alabama
Writ of Error to the Circuit Court of Macon. Before the Hon. S. Chapman. This was a motion to quash an execution. It appears from a bill of exceptions, sealed at the instance of the defendant in the action, that the defendant made an application for the continuance of the cause, which the circuit court granted, upon condition that he would confess a judgment for so much of the plsintiff’s demand as was undisputed.
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Writ of Error to the Circuit Court of Macon. Before the Hon. S. Chapman. This was a motion to quash an execution. It appears from a bill of exceptions, sealed at the instance of the defendant in the action, that the defendant made an application for the continuance of the cause, which the circuit court granted, upon condition that he would confess a judgment for so much of the plsintiff’s demand as was undisputed. The condition was assented to, and a judgment by confession rendered against the defendant for five hundred dollars, “and the costs in this behalf expended.” At a subsequent term of…
1Opinion of the CourtCollier, C. J.
The assignment of error brings to our view the correctness of the judgment of the circuit court on the motion to quash. Whether the confession by the defendant that he was indebted to the plaintiff in the sum of five hundred dollars, leaving open for contestation the residue of the demand, authorized a judgment for costs, is an inquiry which cannot now be made. It is however worthy of consideration, whether, as the plaintiff must have been successful if the cause had progressed to a trial, without the intervening judgment, and consequently entitled to costs, the court would not, upon the…
2Cited by2 opinions
- State ex rel. Coosa County v. ParkerSupreme Court of Alabama · 1887
- Brainard v. HarrisonSupreme Court of Alabama · 1875