Clingman v. Kemp
Supreme Court of Alabama
Appeal from Circuit Court of Monroe. Tried before Hon. P. O. Harper. Appellant having obtained a -judgment for costs against -one O’Brien, execution issued thereon, and was placed in the hands of appellee, as sheriff of Monroe county. On the ■return by him of the execution, endorsed “no property-found/7 appellant moved in the Circuit Court for judgment against him and his sureties, for his failure to make the money on the execution.
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Appeal from Circuit Court of Monroe. Tried before Hon. P. O. Harper. Appellant having obtained a -judgment for costs against -one O’Brien, execution issued thereon, and was placed in the hands of appellee, as sheriff of Monroe county. On the ■return by him of the execution, endorsed “no property-found/7 appellant moved in the Circuit Court for judgment against him and his sureties, for his failure to make the money on the execution. It was agreed between the parties that the defendant in execution resided in the county, and that he had pei’sonal property which the sheriff could have levied…
1Opinion of the CourtStone, J.
The Revised Code, § 2779, declares that “ the successful party in all civil actions is entitled to full costs, for which judgment must be rendered, unless in cases-' otherwise directed by law.77
In Bump on Bankruptcy, 9th ed. 82, it is said: “If a judgment was recovered before the proceedings in bankruptcy, the costs constitute a part of the debt, and may be proved."—See Ex parte O’Neil, 1 B. R. 677; Graham v. Pierson, 6 Hill 247.
We hold that costs adjudged in a civil suit constitute a debt within the provision of section one of the act “ to regulate property exempted from sale for the payment…
2Cases cited1 opinion
- HCC Consumer Discount Co. v. Tomeo (In Re Tomeo)United States Bankruptcy Court, E.D. Pennsylvania · 1979
3Cited by3 opinions
- Stuckey v. McKibbonSupreme Court of Alabama · 1890
- Morscheimer v. WoodSupreme Court of Alabama · 1917
- Jones v. TarletonAlabama Court of Appeals · 1917