Fryer v. Dennis
Supreme Court of Alabama
Error to the Circuit Court of Pike county. JOSEPH H. DENNIS, the defendant in error, brought suit against William Y. Fryer, in the Circuit Court of Pike county, and at the fall term, 1838, obtained judgment for fourteen hundred and forty dollars sixty cents, upon which a writ of fieri fiadas issued on the 8th Septémber, 1838, returnable to the fij;st Monday in Marfch next, after. On the ist|'da.y.of.
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Error to the Circuit Court of Pike county. JOSEPH H. DENNIS, the defendant in error, brought suit against William Y. Fryer, in the Circuit Court of Pike county, and at the fall term, 1838, obtained judgment for fourteen hundred and forty dollars sixty cents, upon which a writ of fieri fiadas issued on the 8th Septémber, 1838, returnable to the fij;st Monday in Marfch next, after. On the ist|'da.y.of. March, an alias execution was issued on the samte judgment* returnable to the first Monday in March, instant, ■ Tim-'record/ doés¡ not disclose that any return was made to aither'of the…
1Opinion of the CourtOrmond, J.
The only error complained of, is the issuance of the second execution, after the death of the defendant, and before the return of the first execution. Both the executions were issued before the first return day after the judgment, the last being after the death of the defendant. It is no objection to the second writ of fieri facias, that one had previously issued, as it is expressly authorised by our statute: “ where any execution shall issue, and the party at whose suit the same is issued, shall afterwards desire to take out another writ of execution at his own proper cost and charges, the…
2Cited by4 opinions
- Stewart v. NuckolsSupreme Court of Alabama · 1849
- Burk's Adm'r v. JonesSupreme Court of Alabama · 1848
- Collier's Adm'r v. WindhamSupreme Court of Alabama · 1855
- Holloway v. JohnsonSupreme Court of Alabama · 1845