Legal Opinion

Johnson v. Martin

Supreme Court of Alabama

Decided December 15, 1875PublishedCited by 16 opinions

Appeal from Circuit Court of Henry. Tried before Hon. J. McCaleb "Wiley.. Tbis was an action by tbe appellee, in bis own name, on a judgment rendered in- Georgia against tbe appellant, in favor of Hall, Moses & Co., wbicb tbe latter bad assigned to appellee for value.

Read the full summary

Appeal from Circuit Court of Henry. Tried before Hon. J. McCaleb "Wiley.. Tbis was an action by tbe appellee, in bis own name, on a judgment rendered in- Georgia against tbe appellant, in favor of Hall, Moses & Co., wbicb tbe latter bad assigned to appellee for value. A demurrer being sustained, because tbe plaintiff did not have the legal title to the judgment sued on, plaintiff asked and obtained, against the objection and exception of appellant, leave to amend, by adding the names of Hall, 'Moses <& Co., for the use of appellee. Appellant then pleaded the statute of limitations of Georgia,…

1Opinion of the CourtBrickell, C. J.

A judgment is incapable of assignment, so as to enable the assignee to maintain an action thereon, except by using the name of the original plaintiff.—Bunnell v. Magee, 9 Ala. 433; Freeman on Judgments, § 421. The assignment passes the equitable title if it is made for a valuable consideration, vesting in the assignee the exclusive right to control the judgment, and to use the name of the assignor, in the issue of process, or in an original suit on the judgment.—Becton v. Ferguson, 22 Ala. 599; Haden v. Walker, 5 Ala. 86; Gayle v. Benson, 3 Ala. 234; Brahan v. Ragland, 3 Stew. 247; Black v.…

2Cases cited15 opinions

  1. Crimm's Adm'rs v. CrawfordSupreme Court of Alabama · 1857
  2. Leaird v. MooreSupreme Court of Alabama · 1855
  3. Harris v. Plant & Co.Supreme Court of Alabama · 1858
  4. Brahan & Atwood v. RaglandSupreme Court of Alabama · 1830
  5. Bullock v. OgburnSupreme Court of Alabama · 1848

10 more not listed; retrieve them via the Exa API.

3Cited by16 opinions

  1. Mobile Life Insurance v. RandallSupreme Court of Alabama · 1883
  2. Louisville & Nashville Railroad v. MarkeeSupreme Court of Alabama · 1893
  3. Daughtery v. American Union Telegraph Co.Supreme Court of Alabama · 1883
  4. Springfield Fire & Marine Insurance v. DeJarnettSupreme Court of Alabama · 1895
  5. Mahan v. SmithermanSupreme Court of Alabama · 1882

11 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API