Kingsland & Co. v. Forrest
Supreme Court of Alabama
Error to the Circuit Court of Montgomery. Tried before the Hon. Thos. A. Walker. This was an action of debt, instituted by the plaintiffs against the defendant in error, in December 1849, to recover the amount of a judgment recovered in 1840. The defendant, among other pleas, pleaded that the judgment was rendered within ten years of the commencement of the action and that execution had issued within a year and a day after after its rendition and been returned no property,…
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Error to the Circuit Court of Montgomery. Tried before the Hon. Thos. A. Walker. This was an action of debt, instituted by the plaintiffs against the defendant in error, in December 1849, to recover the amount of a judgment recovered in 1840. The defendant, among other pleas, pleaded that the judgment was rendered within ten years of the commencement of the action and that execution had issued within a year and a day after after its rendition and been returned no property, &c. The plaintiffs demurred to the plea, but the court overruled the demurrer, and this is the error now assigned.
1Opinion of the CourtDargan, C. J.
The only question, we deem it necessary to decide, is this — whether an action of debt will lie in this State on a judgment, rendered more than a year and a day, but less than ten years from the institution of the suit, and on which execution had issued within the year and been returned no property found.
I confess that my researches have not satisfied my mind, whether an action of debt coilld be maintained at common law on a judgment within the year and day from the time of its rendition, and when the plaintiff could issue his execution thereon. The common law writers lay it down generally,…
2Cases cited4 opinions
- Denison v. WilliamsSupreme Court of Connecticut · 1822
- Clark v. GoodwinMassachusetts Supreme Judicial Court · 1817
- Hale v. AngelNew York Supreme Court · 1823
- Goodrich v. ColvinNew York Supreme Court · 1826
3Cited by13 opinions
- City of Anniston v. DouglasSupreme Court of Alabama · 1948
- American Railway Express Co. v. F. S. Royster Guano Co.Supreme Court of Virginia · 1925
- Elliott v. Holbrook, Carter & Co.Supreme Court of Alabama · 1859
- Field v. SimsSupreme Court of Alabama · 1893
- Gant v. GilmerSupreme Court of Alabama · 1944
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