Mervine v. Parker
Supreme Court of Alabama
Error, to the Circuit Court of Montgomery. Tried before the Hon. Thomas A. Walker. This was a motion made by the plaintiff in error to have satisfaction entered of a judgment recovered against him by the defendant in error in the Circuit Court of Montgomery county, at its fall term 1843. It appears by the bill of exceptions that the plaintiff offered evidence to prove that the judgment, although rendered in the name of Parker, the defendant, was in fact the property of oue…
Read the full summary
Error, to the Circuit Court of Montgomery. Tried before the Hon. Thomas A. Walker. This was a motion made by the plaintiff in error to have satisfaction entered of a judgment recovered against him by the defendant in error in the Circuit Court of Montgomery county, at its fall term 1843. It appears by the bill of exceptions that the plaintiff offered evidence to prove that the judgment, although rendered in the name of Parker, the defendant, was in fact the property of oue Parish — rhat the cause of action on which it was founded belonged to said Parish, and that he had since its rendition…
1Opinion of the CourtParsons, J.
A judgment is conclusive at law of the rights of the parties, and fully determines all defences that might have been urged against the demand before the judgment was rendered. This is so familiar a principle, that it needs no authority to support it. So, likewise, the recovery of a judgment is equally conclusive against the defendant that the money is legally due to the plaintiff, and not to another, and if the defendant assumes to pay it to a third person upon the idea that such third person is beneficially entitled to receive it, he acts at his peril, and at law he cannot claim to be…
2Cited by22 opinions
- Tankersly v. PettisSupreme Court of Alabama · 1881
- Bobe's Heirs v. StickneySupreme Court of Alabama · 1860
- Harrison's Administrator v. Harrison's DistributeesSupreme Court of Alabama · 1864
- Smith v. SmithSupreme Court of Alabama · 1871
- Cook v. Parham & BluntSupreme Court of Alabama · 1879
17 more not listed; retrieve them via the Exa API.