Elliott v. Mayfield
Supreme Court of Alabama
THIS was a proceeding by scire facias, in the Orphans’ Court of Tuskaloosa, to revive an order or decree rendered by that Court against the plaintiff in error, as one of the executors of John Spencer, sen’r, deceased.
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THIS was a proceeding by scire facias, in the Orphans’ Court of Tuskaloosa, to revive an order or decree rendered by that Court against the plaintiff in error, as one of the executors of John Spencer, sen’r, deceased. It appears from the record, that the plaintiff duly qualified as one of the executors of the testator, in January 1827, and that on the 29th November, 1830, an order was made as follows, viz: “ It is ordered by the Court, that publication be made once every two weeks for forty days, in some newspaper printed in the town of Tuskaloosa, that the executors of the last will of John…
1Opinion of the CourtCollier, C. J.
1. Judgments are either interlocutory or final. Interlocutory judgments are such as are given in the progress of .a cause upon some plea, proceeding, or default, which is only intermediate, .and does not finally determine or complete the suit; but contemplates further proceedings for that purpose. 2 Tomlyn’s Law Dic. 287; Bing, on Judgment, 2, 13, L. Lib; 3 Bla. Com. 396. Final judgments are such as át once finish the proceedings, by declaring that the plaintiff either has, or has not entitled himself to the redress he sought, and by ascertaining what amount he shall recover.— Bing, on…
2Cases cited1 opinion
- WHITING v. the Bank of the United StatesSupreme Court of the United States · 1839
3Cited by2 opinions
- Theo. Hirsch Co. v. ScottSupreme Court of Florida · 1924
- Field v. SimsSupreme Court of Alabama · 1893