Hudspeth & Co. v. Davis
Supreme Court of Alabama
Appeal from the Circuit Court of Henry. Tried before the Hon. H. D. Clayton. This was a petition by Jonathan Davis, to supersede and quash an execution against him, which was founded on a judgment rendered by said circuit court, at its fall term, 1861, in favor of B. T. Hudspeth & Co.; and was issued in June, 1866. The petition for the supersedeas was filed on the 22d October, 1866, and alleged that' the judgment, had been paid and satisfied by the defendant in April, 1862.…
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Appeal from the Circuit Court of Henry. Tried before the Hon. H. D. Clayton. This was a petition by Jonathan Davis, to supersede and quash an execution against him, which was founded on a judgment rendered by said circuit court, at its fall term, 1861, in favor of B. T. Hudspeth & Co.; and was issued in June, 1866. The petition for the supersedeas was filed on the 22d October, 1866, and alleged that' the judgment, had been paid and satisfied by the defendant in April, 1862. The court overruled a demurrer to the petition, and an issue was then formed as to the fact of payment vel non, which…
1Opinion of the CourtA. J. Walker, C. J.
The fifth section of the act of 10th December, 1861, prohibited the issue of an execution, without the written consent of the defendant, until after the expiration of one year from the ratification of a treaty of peace between the Confederate States and the United States, except in certain specified cases, and under certain specified conditions. This act was void, whether tested by the constitution of the United ‘States, or by that of the Confederate States.—Ex parte Pollard, 40 Ala. 77. The clerk and sheriff were certainly excusable in disregarding a law thus void; and their acts cannot be…
2Cases cited1 opinion
- Ex parte PollardSupreme Court of Alabama · 1866
3Cited by3 opinions
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