Henderson v. Planters & M. Bank
Supreme Court of Alabama
Appeal from Coffee Circuit Court. Heard before Hon. H. A. Pearce. Petition by J. E. Henderson directed to the Planters '& Merchants Bank of Ozark to supersede the enforcement of an execution, and to vacate and annul the judgment on which it was founded. From a judgment denying relief petitioner appeals.
1Opinion of the CourtMayfield, J.
This is a proceeding instituted by appellant to supersede the enforcement of an execution and to vacate and annul the judgment upon which it is founded, upon the ground that the judgment has been paid and satisfied. The proceeding in this state is a substitute for the ancient writ of audita querela.
In the case of Thompson v. Lassiter, 86 Ala. 540, 6 South. 33, it is said: “In our practice, the proceeding by supersedeas is substituted for the writ, and generally will lie in the cases in which writ of audita querela would lie at common law. Matter which operates an equitable satisfaction of a…
2Cases cited13 opinions
- Campbell v. SpenceSupreme Court of Alabama · 1843
- Mervine v. ParkerSupreme Court of Alabama · 1850
- Scales v. Central Iron & Coal Co.Supreme Court of Alabama · 1911
- Boren v. M'GeheeSupreme Court of Alabama · 1838
- Branch Bank at Mobile v. ColemanSupreme Court of Alabama · 1852
8 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Rochelle v. RochelleSupreme Court of Alabama · 1938
- Nowlin v. Druid City Hosp. Bd.Supreme Court of Alabama · 1985
- Ex Parte BrickellSupreme Court of Alabama · 1920
- Atkinson v. AtkinsonSupreme Court of Alabama · 1936
- City of Birmingham v. ReedAlabama Court of Appeals · 1949
14 more not listed; retrieve them via the Exa API.