Miller v. Shackelford
Supreme Court of Alabama
Error fo the Circuit Court of Tuskaloosa. Tried before the Hon. Thomas A. Walker. The facts are fully set out in the opinion of the court. 1. The plaintiffs in error were entitled to make any defence in this case, in the court below, that could have been made, if the action bad been debt instead of scire facias. 1 Chitty’s PL 481, 485- 2. If this action had been debt, founded upon a judgment of a sister State, it is clear, the defence made by the pleas must have prevailed.
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Error fo the Circuit Court of Tuskaloosa. Tried before the Hon. Thomas A. Walker. The facts are fully set out in the opinion of the court. 1. The plaintiffs in error were entitled to make any defence in this case, in the court below, that could have been made, if the action bad been debt instead of scire facias. 1 Chitty’s PL 481, 485- 2. If this action had been debt, founded upon a judgment of a sister State, it is clear, the defence made by the pleas must have prevailed. Bucket v. Pope, 3 N. S. 552, and cases cited. Is not the defence equally available on the present record ?— The judgment,…
1Opinion of the CourtChilton, J.
This was a proceeding by scire facias to revive a judgment rendered in the Circuit Court of Tuskaloosa county, in March 1827, against the plaintiffs in error. Neither, the sd. fa. nor declaration filed thereon set forth any reason why the- aid of the court is invoked, but merely state the amount and date of the judgment, and that it is in full force and unpaid. The defendants appeared, and said John Miller pleaded separately, as well as jointly with said George, the following, pleas, to which demurrers were sustained, viz': 1-That the plaintiff ought not to have execution upon his judgment,…
2Cases cited3 opinions
- Givens v. TidmoreSupreme Court of Alabama · 1845
- Griswold v. StewartNew York Supreme Court · 1825
- Patrick v. WoodsCourt of Appeals of Kentucky · 1813
3Cited by8 opinions
- Betancourt v. EberlinSupreme Court of Alabama · 1882
- Duncan v. HargroveSupreme Court of Alabama · 1853
- Quill v. Carolina Portland Cement Co.Supreme Court of Alabama · 1929
- Simpson v. WatsonMissouri Court of Appeals · 1884
- Eatman v. GoodsonAlabama Court of Appeals · 1951
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