Rice v. Dillahunty
Supreme Court of Alabama
Error to the Circuit Court of Lauderdale. Tried before the Hon. Thomas A. Walker. The plaintiff in error, as executor of Andrews, filed his petition for a supersedeas, to quash an execution.
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Error to the Circuit Court of Lauderdale. Tried before the Hon. Thomas A. Walker. The plaintiff in error, as executor of Andrews, filed his petition for a supersedeas, to quash an execution. The petition alleges, that a judgment was rendered against said Andrews and one Kirkman, on the 8th October, 1847, in favor of Dillahunty, the defendant in error; that a writ of fi. fa. issued on this judgment on the 26th October, 1847; that Andrews died on the 18th January, 1848; and that an alias fi. fa. was issued on the judgment on the'21st October, 1848. It further averred that the judgment was “…
1Opinion of the Court
PHELAN, J.'
The question presented for decision is, the sufficiency of the petition for a supersedeas, and the facts therein stated, to entitle the plaintiff, if true, to his motion to quash, or to enter satisfaction. The petition, by agreement, stood in the place of a declaration. The demurrer of the plaintiff to the defendant’s plea, when it is visited at the instance of the defendant on the declaration, has the effect of every other demurrer; the defendant thereby admits the declaration to be true. In this way, by the pleadings, the facts stated in the petition are admitted to be true.
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2Cases cited1 opinion
- Lockhart v. McElroySupreme Court of Alabama · 1843
3Cited by1 opinion
- Pilcher v. HickmanSupreme Court of Alabama · 1906