Northern v. Hanners
Supreme Court of Alabama
Appeal from.the Circuit Court of Clay. Tried before the Hon. Geo. E. Brewer. James T. Hanners sued the defendant, C. S. Northern, in an action in tort, and failing in his suit, judgment was rendered against- him for costs of suit. Execution issued on this judgment and was levied on the personal property of the plaintiff. He interposed a claim of exemption which the defendant contested.
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Appeal from.the Circuit Court of Clay. Tried before the Hon. Geo. E. Brewer. James T. Hanners sued the defendant, C. S. Northern, in an action in tort, and failing in his suit, judgment was rendered against- him for costs of suit. Execution issued on this judgment and was levied on the personal property of the plaintiff. He interposed a claim of exemption which the defendant contested. Judgment having been rendered in this contest against the contestant, he appeals. cited the following authorities: Wright v. Jones, 103 Ala. 589; Stuckey v. McKibbon, 92 Ala. 624; Meredith v. Holmes, 68 Ala.…
1Opinion of the Court
TYSON, J-
— Ia all civil actions the successful partá-is entitled to full costs for which judgment must be rendered against the unsuccessful party, unless in cases otherwise directed by law. — Code, § 1825. It is of no consetpience whether the plaintiff or defendant is the successful party. If the defendant is the successful party he recovers his costs of the plaintiff for which judgment must be rendered by the court and he is entitled to have execution upon this judgment issue against the plaintiff, as much so, as the plaintiff would be entitled to a judgment and execution for costs and…
2Cases cited14 opinions
- McLaren v. AndersonSupreme Court of Alabama · 1886
- Stewart v. HoodSupreme Court of Alabama · 1846
- Williams v. BowdenSupreme Court of Alabama · 1881
- Caldwell v. StateSupreme Court of Alabama · 1876
- Morgan v. StateSupreme Court of Alabama · 1872
9 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Ginn v. HardySupreme Court of Alabama · 1900
- Shelby v. ZieglerSupreme Court of Oklahoma · 1908
- Ex parte CuddSupreme Court of Alabama · 1916
- Ex Parte SegrestSupreme Court of Alabama · 1998
- Brown Shoe Co. v. SchaeferSupreme Court of Alabama · 1942
9 more not listed; retrieve them via the Exa API.