Turner v. Esselman
Supreme Court of Alabama
Error to the County Court of Lowndes. Before the Hon. Edward H. Cook, Judge. The facts all appear in the opinion of the court. 1. When execution shall have issued against any executor, administrator, or guardian, and shall have been returned “ no property found,” execution shall forthwith issue against the securities of such executor, administrator, or guardian.
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Error to the County Court of Lowndes. Before the Hon. Edward H. Cook, Judge. The facts all appear in the opinion of the court. 1. When execution shall have issued against any executor, administrator, or guardian, and shall have been returned “ no property found,” execution shall forthwith issue against the securities of such executor, administrator, or guardian. Clay’s Dig. 335. 2. The debt sought to be enforced and collected by the execution, is a fiduciary debt, and comes within the express exceptions of the bankrupt act. See bankrupt law of 1841,' sec. 1. 3. A construction cannot be given…
1Opinion of the CourtChilton, J.
The defendant in error exhibited his petition, and obtained a writ, superseding an execution, which issued from the county court of Lowndes, against him and Hugh P. Caffey, on the 20th October, 1847. The petition proceeds upon the ground — 1. That there was no judgment against the petitioner, upon which an execution could issue. 2. That if such judgment did exist, petitioner was discharged from its obligation, by a discharge in bankruptcy, &c.
Upon the trial of the supersedeas, informal and vicious pleadings were had, and several points saved upon demurrers, but it is unnecessary to notice…
2Cases cited2 opinions
- Mabry v. HerndonSupreme Court of Alabama · 1846
- Dyer v. CleavelandSupreme Court of Vermont · 1846
3Cited by2 opinions
- Steele v. GravesSupreme Court of Alabama · 1880
- Eberhardt v. WoodCourt of Appeals of Tennessee · 1875