McKeagg v. Collehan
Supreme Court of Alabama
Error from the Circuit Court of Dallas. Before the Hon. E. Pickens. The defendant in error exhibited his petition for writ of error coram vobis, and for supersedeas of an execution issued from the circuit court of Dallas county on a judgment in favor of the plaintiff in error, for the sum of $132 66 damages, besides cost of suit, upon the ground that the said judgment, since its rendition, had been fully paid off and satisfied by him.
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Error from the Circuit Court of Dallas. Before the Hon. E. Pickens. The defendant in error exhibited his petition for writ of error coram vobis, and for supersedeas of an execution issued from the circuit court of Dallas county on a judgment in favor of the plaintiff in error, for the sum of $132 66 damages, besides cost of suit, upon the ground that the said judgment, since its rendition, had been fully paid off and satisfied by him. It appears that the sheriff had returned a previous execution thus indorsed: “ The defendant has the plaintiff’s receipt for the debt, interest and cost, in…
1Opinion of the CourtChilton, J.
— The indorsement of the sheriff upon the execution was not a return. The writ commanded him to make the money specified in the execution, and the law confers upon him no authority thus to adjust the rights of the parties. There was, then, no such entry of satisfaction as would prevent the issuance of an alias fi. fa. This Was done, and the defendant in the judgment became the actor to have it satisfied, by virtue of his receipt which he had obtained from the plaintiff. He undertakes to show to the court that the demand reduced to judgment, had been fully paid off. Now, if we admit the truth…
2Cited by3 opinions
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