Hall v. Hrabrowski
Supreme Court of Alabama
Motion by the defendant, for a stay of proceedings upon the writ of error, upon the grounds, that the plaintiff had coerced payment of the judgment below, by execution, after he had sued out his writ of error — which being supported by the affidavit of the sheriff, a rule nisi was ordered to issue. The plaintiff failed to appear and answer, and a motion was then made, by T. Williams, for the defendant in error, that the rule be made absolute.
1Opinion of the CourtOrmond, J.
In this case, the plaintiff below obtained a judgment, with which he was not satisfied, and sued a writ of error therefrom to this court, and upon a hearing in this court, the judgment was reversed. After the judgment was pronounced, the defendant in error moved to stay all proceedings upon the judgment, upon the ground that whilst the cause was pending here, the plaintiff sued out an execution upon his judgment, and caused- the amount to be made by execution. These facts are shown by affidavit, and no answer being made to the rule nisi, the presumption arises that the facts are true. Upon…
2Cited by20 opinions
- Garner v. PrewittSupreme Court of Alabama · 1858
- Tarleton v. Goldthwaite's HeirsSupreme Court of Alabama · 1853
- Beavers v. SmithSupreme Court of Alabama · 1847
- Ex parte Walter Bros.Supreme Court of Alabama · 1889
- McCreeliss's Distributees v. HinkleSupreme Court of Alabama · 1850
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