Ewing v. Peck
Supreme Court of Alabama
Error to the Circuit Court of Tuscaloosa. Tried before the Hon. John D. Phelan. In this case we rely on .the following authorities to reverse the judgment. — Lacy, Terrell &Co. v. Rockett, 11 Ala. 1002; Gary v. Bates et al. 12 Ala. 544; Rives v. Garner, ib. 661; 15 ib. 540. The bankrupt having no interest in the amount of the recovery, which was the only question to be settled by the court after his discharge, and that for aught he knew was a question with his assignee,…
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Error to the Circuit Court of Tuscaloosa. Tried before the Hon. John D. Phelan. In this case we rely on .the following authorities to reverse the judgment. — Lacy, Terrell &Co. v. Rockett, 11 Ala. 1002; Gary v. Bates et al. 12 Ala. 544; Rives v. Garner, ib. 661; 15 ib. 540. The bankrupt having no interest in the amount of the recovery, which was the only question to be settled by the court after his discharge, and that for aught he knew was a question with his assignee, judgment by default having been rendered pending his petition it was not incumbent on him to do any^act for his protection —…
1Opinion of the CourtDargan, C. J.
The defendants in error brought suit against Ewing to recover for services rendered as attornies. At the September term 1842 of the Circuit Court, judgment by default was rendered in their favor, but the inquiry of damages was not had until the next succeeding March term. In December preceding the execution of the writ of inquiry, Ewing obtained a final certificate as a bankrupt, but did not appear or controvert his liability at the time the writ of inquiry was executed and the final judgment rendered. An execution afterwards issued on this judgment and was returned by the sheriff no…
2Cases cited3 opinions
- Palmer v. HutchinsNew York Supreme Court · 1823
- Cogburn v. Spence & ElliottSupreme Court of Alabama · 1849
- Baker v. TaylorNew York Supreme Court · 1823
3Cited by12 opinions
- Mosaic Templars of America v. HallSupreme Court of Alabama · 1929
- Sparks v. J. S. Reeves & Co.Supreme Court of Alabama · 1910
- Collins v. HammockSupreme Court of Alabama · 1877
- Tidwell v. WitherspoonSupreme Court of Florida · 1881
- Washington County v. PorterSupreme Court of Alabama · 1900
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