Westcott v. Booth
Supreme Court of Alabama
This was a motion to quash an execution for costs, issued by the clerk of the Supreme Court in his own name, under the state of facts recited in the opinion of the court.
1Opinion of the CourtPeters, J.
— In this court, at the January Term thereof, in the year 1872, William R. Westcott, as appellant, obtained a judgment against William G. Waller, as appellee, for costs of appeal. Execution on this judgment was regularly issued out of this court, and returned by the sheriff of the proper county “ no property,” as appears of record in this court; and said costs being unpaid, Daniel B. Booth, the clerk of this court, issued execution in his own name, against the said Westcott, said appellant, for the costs actually created by him, said Westcott, in said cause. The said Westcott, said appellant,…
2Cited by2 opinions
- Brickell v. ShawnSupreme Court of Virginia · 1940
- Esler v. Kent Circuit JudgeMichigan Supreme Court · 1896