Marshall v. Caudler
Supreme Court of Alabama
Eeros, to the Circuit Court of Sumter. Tried before the Hon. TueNee Reavis. Marshall filed his petition for a supersedeas of an execution, issued on a judgment recovered against him by Caudler in the Circuit Court of Sumter.
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Eeros, to the Circuit Court of Sumter. Tried before the Hon. TueNee Reavis. Marshall filed his petition for a supersedeas of an execution, issued on a judgment recovered against him by Caudler in the Circuit Court of Sumter. The petition alleges, that, during the pendency of the suit in which said judgment was rendered, Marshall had a settlement with Caudler of the matters in controversy between them, and paid him $499, on which Caudler agreed that he would not further prosecute said suit, except tor costs; that Caudler wrote to his attorney to that effect, but, contrary to this agreement, he…
1Opinion of the CourtLigon, J.
— The demurrer was rightly sustained, as the grounds set forth in the petition go to matters behind the judgment. Neither the old writ of audita querela, nor our writ of supersedeas, which is used as its substitute, has ever been allowed to extend to matters arising anterior to the judgment. Holloway v. Washington, 3 Ala. 668; Moore & Cocke v. Bell, 13 Ala. 439.
Let the judgment be affirmed.
2Cases cited2 opinions
- Holloway v. WashingtonSupreme Court of Alabama · 1842
- Carlton v. Fellows, Read & Co.Supreme Court of Alabama · 1848
3Cited by7 opinions
- Ex Parte BrickellSupreme Court of Alabama · 1920
- Jesse French Piano & Organ Co. v. BradleySupreme Court of Alabama · 1904
- Bice v. JonesCourt of Civil Appeals of Alabama · 1970
- Payne v. ThompsonSupreme Court of Alabama · 1872
- State v. BeasleySupreme Court of Alabama · 1871
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