Armstrong v. Robertson
Supreme Court of Alabama
In the transcript sent up in this cause, we find a paper addressed to the plaintiff in errar, in which it is stated that the defendants recovered a judgment against Benjamin Lang in the Circuit Court of Mobile, on the 21st of April, 1826, for the sum of eleven hundred and sixty seven dollars and ninety cents, besides costs.
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In the transcript sent up in this cause, we find a paper addressed to the plaintiff in errar, in which it is stated that the defendants recovered a judgment against Benjamin Lang in the Circuit Court of Mobile, on the 21st of April, 1826, for the sum of eleven hundred and sixty seven dollars and ninety cents, besides costs. The paper then proceeds to alledge, that a w-rit of fieri facias, duly issued on that judgment against the defendant, Lang, for the amount of the same, including costs, .on the 29th of September, 1831, and was on the 15th of October, thereafter, placed in the hands of the…
1Opinion of the CourtCollier, C. J.
— The .notice .accompanying'the'transcript, though not dated, was doubtless-issued -previous to time of its service, and should have been-proceeded .on at the term then next succeeding. There .is nothing in .the .record to show that the motion, indicated by it, was then made, or at any time thereafter ; and as,the notice was not brought before the Court, at the term the defendant .below was informed that a judgment would be moved for against him, it spent its.force, and could not thereafter .furnish .a warrant for the exercise of jurisdiction.” Broughton et. al. v. The State Bank, 6 Porter’s…
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- Ex parte North-east & South-west Ala. RailroadSupreme Court of Alabama · 1861
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