Ewing v. Peck
Supreme Court of Alabama
Appeal from tlie Circuit Court of Tuskaloosa. Tried before the Hon. TurNER Reavis. Assumpsit on tbo common money counts, by Samuel B. Ewing against Elijali W. Peck, to recover money paid by the plaintiff under a pluries execution against himself, which was issued on a judgment in favor of Peck & Clark.
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Appeal from tlie Circuit Court of Tuskaloosa. Tried before the Hon. TurNER Reavis. Assumpsit on tbo common money counts, by Samuel B. Ewing against Elijali W. Peck, to recover money paid by the plaintiff under a pluries execution against himself, which was issued on a judgment in favor of Peck & Clark. The money was paid to the sheriff one day after the return day of the execution, which had been levied on said Ewing’s land ; and at that time there was a motion pending to quash a previous execution on the same judgment, on account of the defendant’s discharge in bankruptcy, which motion was…
1Opinion of the CourtChilton, C. J.
—Ewing insisted that a judgment which Peck & Clark had obtained against him in the Tuskaloosa Circuit Court was discharged in consequence of Ms certificate of discharge in bankruptcy, and moved in said Circuit Court to quash an alias execution of fieri facias which had issued thereon, and had been levied on his real estate, as well as to enter the discharge of the judgment, and for a perpetual stay of execution.
The court, upon the trial of the motion, refused to grant it, and gave judgment against Ewing for the costs. This judgment was reversed by this court, the case sent back, the motion…
2Cases cited3 opinions
- Lazell v. MillerMassachusetts Supreme Judicial Court · 1818
- Teague v. WilliamsSupreme Court of Alabama · 1845
- McCall v. McRaeSupreme Court of Alabama · 1846
3Cited by5 opinions
- Carroll v. DraughonSupreme Court of Alabama · 1911
- Beasley v. BeasleySupreme Court of Alabama · 1921
- Cox v. Knight's AdministratorSupreme Court of Alabama · 1873
- First National Bank of Anniston v. LippmanSupreme Court of Alabama · 1900
- Milhous v. AicardiSupreme Court of Alabama · 1874