Murray v. Charles
Supreme Court of Alabama
Whit of Error to the Circuit Court of Greene. This was a motion to cause satisfaction of a judgment recovered by the plaintiff, against the defendant, to be entered of record and to quash the execution thereupon issued.
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Whit of Error to the Circuit Court of Greene. This was a motion to cause satisfaction of a judgment recovered by the plaintiff, against the defendant, to be entered of record and to quash the execution thereupon issued. The facts of the case áre presented by a bill of exceptions, and are substantially as.follows, viz: At the March Term] 1842, of the circuit court, the plaintiff recovered a judgment against the defendant, for one hundred and sixty nine 80-100 dollars, besides costs; after the court had adjourned and an execution jiad been made out, but before it was placed in the sheriff’s…
1Opinion of the CourtCollier, C. J.
The only; question presented in this case is, whether the clerk was authorised to receive the money due on the judgment so as to discharge the defendant from further liability. In Currie v. Thomas, [8 Porter’s Rep. 293,] which was an action on a promissory note, the defendant pleaded that an action had been previously brought on the same note, and that he had paid the sum due thereon, to the clerk. The court held, that independent of an authority derived from a statute, money *679cannot be lawfully paid to the clerk in vacation, or in any other manner than as the officer of the court in term…
2Cited by6 opinions
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- Governor v. ReadSupreme Court of Alabama · 1862
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