Legal Opinion

Thompson v. Lassiter

Supreme Court of Alabama

Decided December 15, 1888PublishedCited by 15 opinions

Appeal from the Circuit Court of Bullock Tried before tbe Hon. Jesse M. Carmichael. Iu this case, a petition was filed by Jacob F. Lassiter ou tlie 22d February, 1888, seeking to supersede and quash an execution, which bad been issued on a judgment recovered against bim and one W. E. Pierce, in favor of M. W. Thompson, on tbe ground tliat said judgment was satisfied by tbe payment of another judgment, founded on tbe same cause of action, which said Thompson bad recovered…

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Appeal from the Circuit Court of Bullock Tried before tbe Hon. Jesse M. Carmichael. Iu this case, a petition was filed by Jacob F. Lassiter ou tlie 22d February, 1888, seeking to supersede and quash an execution, which bad been issued on a judgment recovered against bim and one W. E. Pierce, in favor of M. W. Thompson, on tbe ground tliat said judgment was satisfied by tbe payment of another judgment, founded on tbe same cause of action, which said Thompson bad recovered against Amos Powell and others. Tbe action in wbicb tbe original judgment was recovered by said Thompson against tbe…

1Opinion of the CourtClopton, J.

On May 20, 1882, appellant instituted an action on the case against Amos Powell, appellee and others, to recover damages for the removal and conversion of cotton and other crops, whereby he was unable to enforce his lien as landlord for rent and advances. During the progress of the case, the complaint was amended by striking out the name of appellee. Afterwards, appellant brought an action against appellee for money had and received. On February 16, 1887, judgment was rendered in favor of appellant, against the remaining defendants in the action ex delicto; and on the next day, appellant…

2Cases cited4 opinions

  1. Lockhart v. McElroySupreme Court of Alabama · 1843
  2. Mervine v. ParkerSupreme Court of Alabama · 1850
  3. Branch Bank at Mobile v. ColemanSupreme Court of Alabama · 1852
  4. Munter v. LeinkauffSupreme Court of Alabama · 1885

3Cited by15 opinions

  1. Large v. Hayes by and Through NesbittSupreme Court of Alabama · 1988
  2. Ex Parte BrickellSupreme Court of Alabama · 1920
  3. Henderson v. Planters & M. BankSupreme Court of Alabama · 1912
  4. Ex Parte OvertonSupreme Court of Alabama · 2007
  5. Merrill v. TravisSupreme Court of Alabama · 1946

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