Spence v. Walker
Supreme Court of Alabama
Error to the County Court of Talladega. This proceeding was a supersedeas, obtained by the plaintiff in error, Spence, to an execution which had issued against him, on a judgment of this Court, as surety to a writ of error bond.
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Error to the County Court of Talladega. This proceeding was a supersedeas, obtained by the plaintiff in error, Spence, to an execution which had issued against him, on a judgment of this Court, as surety to a writ of error bond. At the return term of the supersedeas, the defendant demurred to the petition, and his demurrer being overruled, he traversed the facts of the petition in the following words: “And the said Walker comes by attorney, and denies the statement and matters in the foregoing petition contained, and takes issue thereon;’7 to which the plaintiff replied, “that he ought not to…
1Opinion of the CourtOrmond, J.
— As the plaintiff below refused to join issue with the defendant, upon the facts of the petition for the super-sedeas, and desired to take a nonsuit, there was no course left for the Court but to render judgment. Such, indeed, should have been the judgment of the Court upon the demurrer to the petition, which shows no reason whatever for superseding the execution. Let the judgment be affirmed.
2Cited by3 opinions
- Powell v. WashingtonSupreme Court of Alabama · 1849
- Shearer v. BoydSupreme Court of Alabama · 1846
- Moore v. BellSupreme Court of Alabama · 1848