Nicolson v. Burke
Supreme Court of Alabama
Errror to the County Court of Marengo. Before the Hon, James A. Young, Judge. This was a motion by defendant against plaintiff in error to quash an execution, and set aside a levy and sale made under it. A judgment was rendered in the county court of Marengo, in favor of Walke & Clarke, use of Vm.
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Errror to the County Court of Marengo. Before the Hon, James A. Young, Judge. This was a motion by defendant against plaintiff in error to quash an execution, and set aside a levy and sale made under it. A judgment was rendered in the county court of Marengo, in favor of Walke & Clarke, use of Vm. Cain & Co- against Spencer Roane, for $328 18 debt, $21 85 damages, and $6 56 costs, on which an execution issued against said Roane, on the 20th December, 1839, and was returned with the indorsement, “levied on a negro girl, Jane, and forthcoming bond taken and forfeited, the first Monday of April,…
1Opinion of the CourtCollier, C. J.
In Lunsford et al. v. Richardson & O’Neal, 5 Ala. 618, it was decided, that the proper course to be pursued for the purpose of avoiding a forthcoming bond, or defraying the effect of an execution issued thereon, was by motion to the court to which it was returnable. The execution in that case issued against the goods, áse. of John Lunsford and three other persons, and the bond described it as having issued against the goods, &c. of John Lunsford, only; the aggregate of debt, damages and costs which it required to be made was $2,492 50, and the bond states the amount to be $2,743. The court…
2Cases cited12 opinions
- Whitsett v. WomackSupreme Court of Alabama · 1845
- Lucas v. Doe ex dem PriceSupreme Court of Alabama · 1843
- Meredith v. RichardsonSupreme Court of Alabama · 1846
- Hubbert v. McCollumSupreme Court of Alabama · 1844
- Lunsford v. RichardSupreme Court of Alabama · 1843
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3Cited by4 opinions
- Satterwhite v. StateSupreme Court of Alabama · 1856
- Flournoy v. MimsSupreme Court of Alabama · 1849
- Russell v. LockeSupreme Court of Alabama · 1876
- Braswell v. WatkinsSupreme Court of Alabama · 1927