Hanna v. Price
Supreme Court of Alabama
Error to the Court of Probate of Benton. This was a proceeding by supersedeas in the court below, at the instance of Williams, one of the defendants in error, by way of petition, praying that a certain execution in favor of the plaintiff in error, and against the defendants, might be superseded and quashed.
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Error to the Court of Probate of Benton. This was a proceeding by supersedeas in the court below, at the instance of Williams, one of the defendants in error, by way of petition, praying that a certain execution in favor of the plaintiff in error, and against the defendants, might be superseded and quashed. The petition presents the following grounds as a predicate for its prayer : It sets out tiie execution then running, in which said execution it is recited that it is issued on a judgment or decree of the Orphans’ Court of Benton Countj7, rendered on the 17th day of January, 1845, at a…
1Opinion of the CourtGibbons, J.
The first question presented on the present record is, whether it affords sufficient evidence to authorize the *832issue of an execution against the sureties of Price, on the judgment rendered against him in the Orphans’ Court of Benton County on the ¡7th of January, 1845, in favor of the plaintiff in error, as administrator de bonis non of the estate of the said James Riddle, deceased.
The evidence disclosed by the record is, the judgment against Price, the bond of Price as sheriff, on which the defendants Williams and Haynes are sureties, the pluries fi. fa. issued the 4th December, 1845,…
2Cases cited2 opinions
- Rowland v. WalkerSupreme Court of Alabama · 1851
- Thompson v. BondurantSupreme Court of Alabama · 1849
3Cited by2 opinions
- Harrison's Administrator v. Harrison's DistributeesSupreme Court of Alabama · 1864
- Ayers v. RoperSupreme Court of Alabama · 1895