McDaniel v. Johnston
Supreme Court of Alabama
Appeal from the Circuit Court of Morgan. Tried before the Hon. H. C. Speake. On the 16th day of April, 1891, the'appellee, John F. Johnston, brought suit against the appellant, Dock'McDaniel, in the Circuit Court of Morgan county, Alabama, by filing a complaint in these words: “Plaintiff claims of the defendant one hundred and two ($102) dollars, for injury to certain goods, viz: Three (8) bales of cotton received by him as a common carrier, to be delivered to the plaintiff,…
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Appeal from the Circuit Court of Morgan. Tried before the Hon. H. C. Speake. On the 16th day of April, 1891, the'appellee, John F. Johnston, brought suit against the appellant, Dock'McDaniel, in the Circuit Court of Morgan county, Alabama, by filing a complaint in these words: “Plaintiff claims of the defendant one hundred and two ($102) dollars, for injury to certain goods, viz: Three (8) bales of cotton received by him as a common carrier, to be delivered to the plaintiff, at Bluff City, on the Tennessee river in said county for a reward, which he failed to deliver and injured said goods to…
1Opinion of the CourtMcCLELLAN, J.
It did not appear by the 1st and 2d grounds of the motion to quash the execution, or at all, but that a previous execution had issued on this judgment within a year from its rendition. This one was issued within ten years after the test of such previous execution, if it in fact had issued. And that an execution had issued within the year is to be presumed in the absence of averment to the contrary in a motion to quash. These grounds of said motion were, therefore, insuffi-*531cieut, and properly so adjudged on demurrer. — Code, § 2922.
2. The indorsement made by the clerk on the execution, that…
2Cases cited14 opinions
- McLaren v. AndersonSupreme Court of Alabama · 1886
- Meredith v. HolmesSupreme Court of Alabama · 1880
- Williams v. BowdenSupreme Court of Alabama · 1881
- Flack v. AndrewsSupreme Court of Alabama · 1888
- Collins & Co. v. Hyslop & SonSupreme Court of Alabama · 1847
9 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Tucker v. Mobile Infirmary Ass'nSupreme Court of Alabama · 1915
- Burgin v. SuggSupreme Court of Alabama · 1923
- Northern v. HannersSupreme Court of Alabama · 1898
- Mott v. JacksonSupreme Court of Alabama · 1911
- Tallassee Falls Manufacturing Co. v. Western RailwaySupreme Court of Alabama · 1897
8 more not listed; retrieve them via the Exa API.