McMahan v. Colclough
Supreme Court of Alabama
The plaintiffs in error moved, the Circuit Court of Pike, to quash a writ of fieri facias, previously issued against their property on a judgment recovered against them in that court, by the defendant.
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The plaintiffs in error moved, the Circuit Court of Pike, to quash a writ of fieri facias, previously issued against their property on a judgment recovered against them in that court, by the defendant. The following canses were assigned as the grounds of the motion. 1. The judgment is rendered against William McMahan and William F. Evans, while the fi. fa. issued against the goods and chatties, &c. of William W. McMahan and William F. Evans. 2. The judgment did not authorize the issuance of the execution ; because it recites that the defendants in their proper persons, confessed a judgment…
1Opinion of the CourtCollier, C. J.
1. The first ground on which the plaintiffs in error seek to quash the execution, is not maintainable. The insertion of the initial of a middle name for one of them, in the execution, is not such a departure from the judgment, as to avoid the process. Such an objection to an original writ, or a declaration, is not pleadable in abatement, or otherwise exceptionable. But the declaration designates the defendant to the action, by the same names that the execution does, and if it were necessary to aid the judgment in a particular, so very unimportant, reference might be had to the pleadings.
2.…
2Cited by6 opinions
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- Biggers v. WinklesSupreme Court of Georgia · 1906
- English v. StateSupreme Court of Alabama · 1975
- Slater v. CarterSupreme Court of Alabama · 1860
- Wheaton v. StateAlabama Court of Appeals · 1940
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