Field v. Sims
Supreme Court of Alabama
Appeal from the Circuit Court of Blount. Tried before tbe Hon. John B. Tally. On January 1, 1890, tbe appellant, A. E. Fields, brought tbis action before a justice of tbe peace, against tlie appel-lee, D. H. Sims, to recover tbe amount due on a certain judgment wbicb was rendered in favor of tbe plaintiff against the defendant by a justice of tbe peace on February 4,1882. Tbe justice of tbe peace rendered judgment in tbis case in favor of tbe plaintiff, and tbe defendant…
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Appeal from the Circuit Court of Blount. Tried before tbe Hon. John B. Tally. On January 1, 1890, tbe appellant, A. E. Fields, brought tbis action before a justice of tbe peace, against tlie appel-lee, D. H. Sims, to recover tbe amount due on a certain judgment wbicb was rendered in favor of tbe plaintiff against the defendant by a justice of tbe peace on February 4,1882. Tbe justice of tbe peace rendered judgment in tbis case in favor of tbe plaintiff, and tbe defendant appealed to tbe Circuit Court. In tbe Circuit Court tbe defendant inter-pleaded tbe plea of tbe statute of limitations of…
1Opinion of the CourtWalkeb, J.
At common law, an execution was required to be issued, unless the judgment was revived, within a year and a day after the entry of the judgment. — Elliott v. Mayfield, 3 Ala. 223. In Kingsland v. Forrest, 18 Ala. 519, some doubt was expressed as to the right at common-law to sue on the judgment within the year and a day allowed for the issue of an execution upon it. “But,” the court said, “no one will deny that at common law debt may be brought on a judgment after the year and a day has passed.” It was held in that case that a statute giving the right to issue alias executions on the same…
2Cases cited2 opinions
- Kingsland & Co. v. ForrestSupreme Court of Alabama · 1850
- Elliott v. MayfieldSupreme Court of Alabama · 1841
3Cited by8 opinions
- Davis v. FoleySupreme Court of Oklahoma · 1916
- Second Nat. Bank of Cincinnati, Ohio v. AllgoodSupreme Court of Alabama · 1937
- Gant v. GilmerSupreme Court of Alabama · 1944
- Marx v. SandersSupreme Court of Alabama · 1893
- Mobile Drug Co. v. McCulloughSupreme Court of Alabama · 1927
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