Florence Cotton & Iron Co. v. Louisville Banking Co.
Supreme Court of Alabama
Appeal from the Circuit Court of Lauderdale. Tried before the Hon. Ed. B. Almon. On January 15, 1892, J. I-I. Fields recovered a judgment against the Florence Cotton & Iron Company for $4,803. On January 16, 1892, J. H. Fields transferred and assigned by endorsement on tlie execution docket, tlie judgment so recovered, to the appellee, the Louisville Banking Company.
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Appeal from the Circuit Court of Lauderdale. Tried before the Hon. Ed. B. Almon. On January 15, 1892, J. I-I. Fields recovered a judgment against the Florence Cotton & Iron Company for $4,803. On January 16, 1892, J. H. Fields transferred and assigned by endorsement on tlie execution docket, tlie judgment so recovered, to the appellee, the Louisville Banking Company. From the judgment recovered against it the Florence Cotton & Iron Company appealed to the Supreme Court, but no supersedeas bond was given. Pending tlie appeal, there were several executions issued upon the judgment. In February…
1Opinion of the CourtSharpe, J.
By execution on a judgment recovered by Fields against this plaintiff, defendant as assignee of the judgment collected money. Subsequently the Supreme Court reversed the judgment and remanded the cause, whereupon Fields dismissed the suit. Plaintiff brought this suit for the money it paid on the judgment. The complaint consists of three counts, the first declaring on an account, and the second for money had and received for plaintiff’s use. The third count was upon special facts, and a demurrer thereto was sustained. It is unnecessary to review the ruling on this demurrer since the second'…
2Cases cited8 opinions
- The BANK OF THE UNITED STATES v. the Bank of WashingtonSupreme Court of the United States · 1832
- McJilton v. LoveIllinois Supreme Court · 1851
- Marks v. CowlesSupreme Court of Alabama · 1878
- Foster v. Trustees of the AthenæumSupreme Court of Alabama · 1842
- Ex parte Walter Bros.Supreme Court of Alabama · 1889
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- Ex parte WelldenSupreme Court of Alabama · 1906
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