Edwards v. Lewis
Supreme Court of Alabama
Error to the Circuit Court of Russell. Tried before the Hon. Jno. J. Woodward. 1. The second piea traversing the satisfaction of the judgment and execution should not have been stricken out.
Read the full summary
Error to the Circuit Court of Russell. Tried before the Hon. Jno. J. Woodward. 1. The second piea traversing the satisfaction of the judgment and execution should not have been stricken out. The object of the proceeding was to bring the parties before the court and to ascertain whether or not, the execution was satisfied, and Baker had the right to show that the plaintiff in superse-deas had not legally discharged it. 2. The assignor of a judgment cannot control the assignee in the use of the judgment. — Haden v. Walker, 5 Ala. Rep. 86 ;■ State v. Herod, 6 Blackford, 444. 3; A payment of…
1Opinion of the CourtDargan, C. J.
The plaintiff in error recovered a judgment in the Circuit Court of Russell against the defendant, for seven hundred dollars, upon which an execution issued. The defendant filed his petition for a supersedeas, alleging that he had paid and satisfied the judgment before the execution came to the hands of the sheriff, and thereupon prayed that the execution be superseded. A.t the April term 1849 of the Circuit Court, the plaintiff, Edwards, filed his plea to the petition, denying that the judgment was paid and satisfied. Benjamin If. Baker, as it appears from the record, likewise came and…
2Cases cited1 opinion
- Shearer v. BoydSupreme Court of Alabama · 1846
3Cited by11 opinions
- Dunlap v. ClementsSupreme Court of Alabama · 1851
- Branch Bank at Mobile v. ColemanSupreme Court of Alabama · 1852
- Edwards v. LewisSupreme Court of Alabama · 1850
- Perrine v. CarlisleSupreme Court of Alabama · 1851
- Jesse French Piano & Organ Co. v. BradleySupreme Court of Alabama · 1904
6 more not listed; retrieve them via the Exa API.