Governor v. Read
Supreme Court of Alabama
Appeal from the Circuit Court of Russell. Tried before the Hon. Robert Dougherty. The appellant in this case recovered a judgment against Hiram Read, the appellee, at the September term, 1853, of said circuit court; and on the 10th September, 1859, no execution having been issued on it, sued out a scire facias to revive said judgment. The defendant pleaded payment, and issue was joined on that plea.
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Appeal from the Circuit Court of Russell. Tried before the Hon. Robert Dougherty. The appellant in this case recovered a judgment against Hiram Read, the appellee, at the September term, 1853, of said circuit court; and on the 10th September, 1859, no execution having been issued on it, sued out a scire facias to revive said judgment. The defendant pleaded payment, and issue was joined on that plea. On the trial, as appears from the bill of exceptions, the plaintiff read in evidence the record of the judgment sought to be revived. The ' day on which the judgment was rendered was not shown by…
1Opinion of the CourtA. J. Walker, C. J.
The clerk, as an officer had no authority to-.accept paymentof the plaintiff’s'debt, until judgment was-rendered; and a payment to him, before judgment, would, therefore, not discharge the debt, orconstitute any barrier to the revival of the judgment. — Code, § 651; Currie v. Thomas, 8 Porter, 293 ; Murray v. Charles, 5 Ala. 678 ; Dean v. Governor, 13 Ala. 526; Fitzpatrick v. Br. Bank at Montgomery, 14 Ala. 533 ; Snedicor v. Davis, 17 Ala. 472.
The court, in its charge, recognized the principle above stated,' but announced that, if the clerk, having received *255the money before the judgment,…
2Cases cited6 opinions
- Perkins v. MooreSupreme Court of Alabama · 1849
- Snedicor v. DavisSupreme Court of Alabama · 1850
- Dean v. GovernorSupreme Court of Alabama · 1848
- Murray v. CharlesSupreme Court of Alabama · 1843
- Currie v. ThomasSupreme Court of Alabama · 1838
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3Cited by4 opinions
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- May v. O'NealSupreme Court of Alabama · 1899
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