Trustees of University of Alabama v. Keller
Supreme Court of Alabama
Error to the circuit court of Tuskaloosa county. THIS was an action of assumpsit brought in the court below, by the testator of the defendant in error, to recover back a sum of money paid under the following circumstances: The testator of the defendant in error was a purchaser from (he University of certain lands under the act of theLegislature of 1S22; and on the 1st Monday of September, 1828, confessed a judgment in favor of the University for one hundred and ninety-eight…
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Error to the circuit court of Tuskaloosa county. THIS was an action of assumpsit brought in the court below, by the testator of the defendant in error, to recover back a sum of money paid under the following circumstances: The testator of the defendant in error was a purchaser from (he University of certain lands under the act of theLegislature of 1S22; and on the 1st Monday of September, 1828, confessed a judgment in favor of the University for one hundred and ninety-eight and fifteen hundredths dollars. On the 15th February, 1830, the plaintiffs in error, recovered two judgments against the…
1Opinion of the CourtOrmond, J.
— The right to recover in this case is resisted by the plaintiff in error, on the ground that money paid in pursuance to, or in virtue of legal process, cannot be recovered back, so long as the proceeding under which it was paid, remain in force.
No principle of law is better settled, than that a judgment until reversed, is between the parties to it, and upon the matter determined, as a plea or bar or as evidence, conclusive. This is necessary to the repose of society; there must be an end to litigation, and it is not easy to conceive the beneficial results which flow from it, or the injury…
2Cases cited1 opinion
- Loring v. MansfieldMassachusetts Supreme Judicial Court · 1821
3Cited by12 opinions
- Strauss v. MeertiefSupreme Court of Alabama · 1879
- Tankersly v. PettisSupreme Court of Alabama · 1881
- Hemphill v. MoodySupreme Court of Alabama · 1879
- Prichard v. SweeneySupreme Court of Alabama · 1895
- Crowder v. Red Mountain Mining Co.Supreme Court of Alabama · 1899
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