Shelley v. Graves
Supreme Court of Alabama
Appeal from tbe Circuit Court of Talladega. Tried before tbe Hon. Robeet Dougherty. The facts of this case may be thus stated: Charles P. Shelley, tbe appellant, suing for the use of R. M. Minatt, recovered a judgment against George W. Graves, before a justice of tbe peace, on tbe 23d March, 1838 ; on which an execution was issued on the 10th April, 1838, and returned ‘no property found.’ On the 23d March, 1854, a s'cire facias was issued on this judgment, and on the 22d…
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Appeal from tbe Circuit Court of Talladega. Tried before tbe Hon. Robeet Dougherty. The facts of this case may be thus stated: Charles P. Shelley, tbe appellant, suing for the use of R. M. Minatt, recovered a judgment against George W. Graves, before a justice of tbe peace, on tbe 23d March, 1838 ; on which an execution was issued on the 10th April, 1838, and returned ‘no property found.’ On the 23d March, 1854, a s'cire facias was issued on this judgment, and on the 22d April it was revived. Execution having been issued on the revived judgment, the defendant filed a petition for a…
1Opinion of the Court
"WALKER, J.
The only question in this caséis, whether a judgment, rendered before the adoption of the Code, by a justice of the peace, can afterwards be revived upon scire facias, in a,case where there is no other proof than the rendition of a regular judgment, the issue of an execution upon it within a year, the return of the execution with the endorsement of “nulla bona,” and the failure to issue another execution for a pei’iod of about sixteen years.
Section 2419 of the Code says, that if ten years have elapsed since the date of the last execution issued, the judgment must be presumed to be…
2Cases cited4 opinions
- Carroll v. MaloneSupreme Court of Alabama · 1856
- Bates v. RylandSupreme Court of Alabama · 1844
- Daily v. BurkeSupreme Court of Alabama · 1856
- Shackelford v. MillerSupreme Court of Alabama · 1851
3Cited by1 opinion
- Marx v. SandersSupreme Court of Alabama · 1893