Legal Opinion

Van Cleave v. Haworth

Supreme Court of Alabama

Decided January 15, 1843PublishedCited by 4 opinions

Writ of Error to the Circuit Court of Madison county. This is a petition for a supersedeas of an execution; it was allowed by a circuit judge, but the court to which it was returnable quashed it, and gave judgment for costs against the petitioner and his sureties. To reverse this judgment, the writ of error is now prosecuted.

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Writ of Error to the Circuit Court of Madison county. This is a petition for a supersedeas of an execution; it was allowed by a circuit judge, but the court to which it was returnable quashed it, and gave judgment for costs against the petitioner and his sureties. To reverse this judgment, the writ of error is now prosecuted. A bill of exceptions shows, that the facts stated in the petition were admitted by the adverse party to be true; and they are as follows: Haworth,in May 1827, recovered a judgment in the circuit court of Madison county against Van Cleave, for one hundred and fifty…

1Opinion of the CourtGoldthwaite, J.

1. It is apparent that more than ten years elapsed between the suing out of the executions, and the only question is, whether the last one can be quashed as having issued contrary to the provisions of the act of 1835.

This act is somewhat obscurely worded, and hi order to show its bearing on the case under consideration, the whole of the third section must be examined. It provides that hereafter, when any execution shall have been issued on any judgment or decree of the supreme court, or any circuit court, or county court, within ■this State, or upon any judgment of any justice of the peace,…

2Cases cited1 opinion

  1. Page v. ColemanSupreme Court of Alabama · 1839

3Cited by4 opinions

  1. Perkins, Livingston & Post v. Brierfield Iron & Coal Co.Supreme Court of Alabama · 1884
  2. State ex rel. Waring v. Mayor of MobileSupreme Court of Alabama · 1854
  3. Olson v. NunnallySupreme Court of Kansas · 1891
  4. Shackelford v. MillerSupreme Court of Alabama · 1851

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