Smith v. Knight
Supreme Court of Alabama
Writ of Error to the Orphans’ Court of Henry. At the return of a supet-sedeas sued out by Bowdon and Smith to stay proceedings on a certain execution against them and one Stephen Cawthorn, they moved the court to quash the forthcoming bond and previous writs of fi. fa. on which the execution superseded was founded.
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Writ of Error to the Orphans’ Court of Henry. At the return of a supet-sedeas sued out by Bowdon and Smith to stay proceedings on a certain execution against them and one Stephen Cawthorn, they moved the court to quash the forthcoming bond and previous writs of fi. fa. on which the execution superseded was founded. The matter is greatly involved by the nature of the previous proceedings, but may be thus stated: On the 23d of June, 1845, a judgment was rendered by the orphans’ court of said county in favor of Knight as the guardian of Josiah A. Cawthorn, against Speight his former guardian for…
1Opinion of the CourtGoldthwaite, J.
There is one error in this case, which is entirely apparent, and as the entire litigation between these parties will probably be ended by the reversal of the main judgment in the case of Speight v. Knight, at this term, we shall only examine that for the purpose of disposing of this record. It will be seen the fi. fa. of the 27th April, 1846, is in the name of Cawthorn by his guardian, Knight, while the previous proceedings, as well as the main judgment, are in the name of Knight, as the guardian of Cawthorn. The execution in that form has nothing to support it, and for this reason should…
2Cited by2 opinions
- Thompson v. StateSupreme Court of Arkansas · 1870
- Nicolson v. BurkeSupreme Court of Alabama · 1849