Page v. Coleman
Supreme Court of Alabama
Error to Mobile Circuit court. Motion to quash an execution, heard by Pickens, J, Page moved the Circuit court of Mobile county, to quash a writ of execution, which had been issued against him, on the ground, that there was no sufficient judgment to support it.
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Error to Mobile Circuit court. Motion to quash an execution, heard by Pickens, J, Page moved the Circuit court of Mobile county, to quash a writ of execution, which had been issued against him, on the ground, that there was no sufficient judgment to support it. To maintain this motion, he submitted two affidavits — one made by a deputy clerk of the Circuit court, the other by himself; the former stated, that the affiant had thoroughly examined the office of the [clerk of] the Circuit court, in relation to the case in which the execution issued, and he was unable to find any entry of judgment…
1Opinion of the CourtGoldthwaite, J.
Before entering into an examination of the points presented in argument, it is necessary to dispose of the preliminary objection to the jurisdiction of the court. It is insisted for the defendant in error, that a refusal to entertain a motion of this description, is not such a final judgment as will sustain a writ of error.
This question has been several times presented before this court, and has uniformly received the same determination. In Creighton vs. Denby, (Minor, 250,) a judgment of the Circuit court, refusing to quash an execution, was reversed, and the execution quashed by this court.…
2Cases cited1 opinion
- Draughan v. Tombeckbee BankSupreme Court of Alabama · 1827
3Cited by1 opinion
- Van Cleave v. HaworthSupreme Court of Alabama · 1843