Ellis v. White
Supreme Court of Alabama
Appeal from the Circuit Court of DeKalb. Tried before the Hon. Thomas A. Walheb. Debt on a judgment rendered by a justice of the peace in Polk county; Tennessee, in favor of J esse Ellis, for the use of James Campbell, against George White. The court sustained a general demurrer to the declaration, and this is assigned for error. 1. A demurrer only raises a question as to the sufficiency of the allegations in law to authorize a recovery.
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Appeal from the Circuit Court of DeKalb. Tried before the Hon. Thomas A. Walheb. Debt on a judgment rendered by a justice of the peace in Polk county; Tennessee, in favor of J esse Ellis, for the use of James Campbell, against George White. The court sustained a general demurrer to the declaration, and this is assigned for error. 1. A demurrer only raises a question as to the sufficiency of the allegations in law to authorize a recovery. Every thing necessary to give jurisdiction, is alleged here. If there was any matter of evidence, it could not be inquired of by demurrer. 2. Under the…
1Opinion of the CourtChilton, C. J.
The declaration is upon a judgment rendered by a justice of the peace, in Polk county, in the State of Tennessee, an execution on which was levied on land, and returned to the Circuit Court, where an order for the sale of the land was made ; and a balance remaining due after such sale, this suit is to recover that balance. A demurrer to it was sustained, and we think very properly. The proceedings had in the Circuit Court, did not make it a judgment of that court; but a venditioni exponas, or order of sale, was merely granted as a means of satisfying the justice’s judgment.
Considered as an…
2Cases cited3 opinions
- Thomas v. RobinsonNew York Supreme Court · 1829
- Marshall v. BetnerSupreme Court of Alabama · 1850
- Sheldon v. HopkinsNew York Supreme Court · 1831
3Cited by8 opinions
- Mahone v. HaddockSupreme Court of Alabama · 1870
- State v. AllenOhio Supreme Court · 1927
- Helton v. TurnerSupreme Court of Alabama · 1934
- Hinman v. Missouri, Kansas & Texas Railway Co.Supreme Court of Kansas · 1910
- Hamill v. FerrierColorado Court of Appeals · 1896
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