Briley v. Hodges
Supreme Court of Alabama
QUESTIONS IN THIS CASE. Relative to motions to retax costs. As to the attendance of witnesses summoned, but nett examined. In error from Covington Circuit Court. In this case a petition was filed by the plaintiff in error, praying a supersedeas as to certain executions obtained against him, by the defendant. The ground of the prayer was that the defendant had illegally summoned six witnesses to each case, as was alleged,with the design of oppressing the plaintiff.
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QUESTIONS IN THIS CASE. Relative to motions to retax costs. As to the attendance of witnesses summoned, but nett examined. In error from Covington Circuit Court. In this case a petition was filed by the plaintiff in error, praying a supersedeas as to certain executions obtained against him, by the defendant. The ground of the prayer was that the defendant had illegally summoned six witnesses to each case, as was alleged,with the design of oppressing the plaintiff. The order for supersedeas was granted by the judge below ; and at the term of the Circuit Court, following that at which'the…
1Opinion of the CourtCollier, J.
This cause comes here, by writ of error from the Circuit Court of Covington. By th© *336record, we are inforaied, that the plaintiff obtained the order of a judge, for a supersedeas, upon a sug- . gestión set forth, in [his petition, that the defendant . had recovered against the plaintiff, twelve judgments. That the party for whose use the suits were prosecuted, caused to be summoned, in each of the cases, six witnesses, with the view of burthening the plaintiff with costs; and that neither of the witnesses were sworn and examined, nor was there any issue of fact to try. It is further stated by…
2Cited by11 opinions
- Ex Parte BrickellSupreme Court of Alabama · 1920
- Lockwood v. ThompsonSupreme Court of Alabama · 1916
- Hill v. StateSupreme Court of Alabama · 1840
- Barron v. TartSupreme Court of Alabama · 1851
- Dorrough v. MacKensonSupreme Court of Alabama · 1936
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