Ex parte Pearl Roller Mill Co.
Supreme Court of Alabama
Original petition in the Supreme Court. Original petition for mandamus by the Pearl Boiler Mill Company to compel the setting aside of an order overruling a motion to quash a writ of supersedeas for irregularity.
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Original petition in the Supreme Court. Original petition for mandamus by the Pearl Boiler Mill Company to compel the setting aside of an order overruling a motion to quash a writ of supersedeas for irregularity. This petition, by the Pearl Boiler Mill Company, a corporation created and existing under the laws of the state of Kansas, alleges that on the 24th day of June, 1902, petitioner recovered a judgment against Just & Lavie in the sum of $375 and costs of court; that this judgment was recovered in the Jefferson circuit court, and execution was issued thereon on the 5th day of July, 1906,…
1Opinion of the CourtDowdell, J.
To quash an execution issued on a judgment, in vacation, supersedeas is the proper remedy. Judges of the circuit court have authority in vacation to issue the writ, returnable to the court in term time. The plaintiff in execution is not entitled to notice of the filing of the application to the judge, but is entitled to notice of the hearing in term time. — Ex parte Grant & O’Barr, 53 Ala. 16; Ex parte Henderson, 43 Ala. 392. In the present case the plaintiff appeared in term time and 'filed ansAver to the petition for the supersedeas, making an issue, and demanded a trial by jury. By so…
2Cases cited2 opinions
- Ex parte Grant & O'BarrSupreme Court of Alabama · 1875
- Ex parte HendersonSupreme Court of Alabama · 1869
3Cited by2 opinions
- Todd v. Asamblea Municipal de San JuanSupreme Court of Puerto Rico · 1930
- Todd v. Municipal Assembly of San JuanSupreme Court of Puerto Rico · 1930