Burt v. Hughes
Supreme Court of Alabama
Writ of Error to the Circuit Court of Benton. Supersedeas, by Hughes against Burt, suing for the use of one Findley. The petition sets forth that Burt, at the fall term of the circuit court of Benton county, for the year 1843, recovered a judgment by default against Hughes, for $160, besides costs.
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Writ of Error to the Circuit Court of Benton. Supersedeas, by Hughes against Burt, suing for the use of one Findley. The petition sets forth that Burt, at the fall term of the circuit court of Benton county, for the year 1843, recovered a judgment by default against Hughes, for $160, besides costs. When the writ in that suit was served, the cause of action indorsed was a note for $119, due 17th, July, 1839, and a credit was stated on it of $54 90, as of the 19th November, 1842. Not choosing to enter a defence to the suit the petitioner allowed judgment to go by default, presuming the credit…
1Opinion of the CourtGoldthwaite, J.
1. It seems there was no judgment rendered in the court below, on the petition for the su-persedeas, and for this reason the writ of error would be premature, if the court had not also proceeded to correct the judgment rendered at the previous term. As the case however, is before us, in all its aspects, we shall proceed to determine the questions arising on the record.
In Lockhart v. McElroy, 4 Ala. Rep. 572, we considered out statutory writ of supersedeas as standing in the stead of the common law writ of audita querela, but the claim of the petition in this case goes much further than that…
2Cases cited2 opinions
- Lockhart v. McElroySupreme Court of Alabama · 1843
- President, Directors, & Co. of the Mechanics' Bank v. MinthorneNew York Supreme Court · 1821
3Cited by5 opinions
- Cook v. Parham & BluntSupreme Court of Alabama · 1879
- Gravett v. MaloneSupreme Court of Alabama · 1875
- Shackleford v. CunninghamSupreme Court of Alabama · 1867
- Matthews v. RobinsonSupreme Court of Alabama · 1852
- Hendley v. First Nat. Bank of HuntsvilleSupreme Court of Alabama · 1937