Drennan v. Dunn
Supreme Court of Alabama
Appeal from Jefferson Circuit Court. Heard before Hon. A. H. Alston. Action by D. M. Drennen against Evans J. Dunn. From a judgment for defendant, plaintiff appeals. Tlie plaintiff, as a surviving partner, sought to recover judgment upon a judgment rendered on the 5th day of May, 1890’, which judgment is set out in the complaint.
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Appeal from Jefferson Circuit Court. Heard before Hon. A. H. Alston. Action by D. M. Drennen against Evans J. Dunn. From a judgment for defendant, plaintiff appeals. Tlie plaintiff, as a surviving partner, sought to recover judgment upon a judgment rendered on the 5th day of May, 1890’, which judgment is set out in the complaint. The defendant said that the cause should abate, for that, before the filing of this suit, the plaintiff in this cause, with others, filed a suit in the city court of Birmingham against defendant and others, seeking to recover for the same cause of action sued on in…
1Opinion of the CourtSayre, J.
To an action of debt on a judgment the trial court sustained 'a plea in abatement setting up the pendency of a scire facias to revive the judgment sued on, or, to speak more in accordance with the record, the court sustained a plea of a pending suit upon proof of a pending scire facias. This was error. It has been held that for some purposes a writ of scire facias to revive a judgment may be regarded as a suit upon the judgment.—Hanson v. Jacks, 22 Ala. 549. Certainly it calls for a defense, and the defendant may plead matters subsequent to the rendition of the judgment. And so in respect to…
2Cases cited7 opinions
- Lafayette County v. WonderlyCourt of Appeals for the Eighth Circuit · 1899
- Kingsland & Co. v. ForrestSupreme Court of Alabama · 1850
- Lambson v. MoffettCourt of Appeals of Maryland · 1884
- Field v. SimsSupreme Court of Alabama · 1893
- Baker, Fry & Co. v. IngersollSupreme Court of Alabama · 1861
2 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Quill v. Carolina Portland Cement Co.Supreme Court of Alabama · 1929
- Second Nat. Bank of Cincinnati, Ohio v. AllgoodSupreme Court of Alabama · 1937
- Industrial National Bank v. ShalinAppellate Court of Illinois · 1947
- State ex rel. Wilder v. SmithAlabama Court of Appeals · 1915
- Gilmer v. GantSupreme Court of Alabama · 1946